Extradition Request for Convicted Rapist Roman Polanski Denied

[Snorrius]

Why do people support Polanski? Just some continental Europeans giving the fingers up to USA. I doubt they even care a 13 year old girl was raped.

Well, you can not really blame people as this event had happened 33 years ago, and now this 13 yo girl is nearly 50 and do not want to push this case herself. If victim in question do not really care now why do you expect others to care about it?

 

[Silurian]

Because thats how it works. If we dont have a treaty with them, we dont really have to consider their requests, and vice versa. If we made a extradition request for say, a leader of the FARC, whom Chavez has been known to support, do you think he would honor said request and give the guy up?

Hardly.

Which leader of the narco terrorist group FARC are you talking about - you have not given a name.

So why does the US not charge Posada Carriles for the terrorist bombing of an airliner that killed 73 innocent people and try him in the USA.

Libya gave up the people accused of the Lockerbie bombing and agreed for them to be sent to The Hague for trial. The US could do the same if they do not want to try the terrorist themselves and do not want to send Posada Carriles to Venezuela.

 

[Silurian]

From NewsDaily

MAIQUETIA, Venezuela, July 13, 2010 (Reuters) — Venezuela handed over to U.S. officials on Tuesday Carlos "Beto" Renteria, one of the world's most wanted alleged cocaine smugglers, after its soldiers arrested him with help from British agents.

United States had offered a $5 million reward for information leading to the capture of Renteria, the last free leader of Colombia's top drug gang, the Norte del Valle cartel.

The U.S. government called the extradition "valuable and positive."

So Venezuela carries out extradition to US.

From Latin American Herald Tribune

BOGOTA – The Colombian Supreme Court has ruled against extraditing drug lord and rightist militia chief Daniel Rendon Herrera to the United States.

In Wednesday’s ruling, the court said Rendon should stand trial in Colombia for charges of crimes against humanity – both those currently pending and others that may be brought in the future.

The U.S. embassy in Bogota had filed a request for the extradition of Herrera, alias “Don Mario,” on July 21, 2009, on terrorism and drug trafficking charges.

US try to extradite person for terrorism from Colombia.

 

[Eran of Arcadia]

Well, you can not really blame people as this event had happened 33 years ago, and now this 13 yo girl is nearly 50 and do not want to push this case herself. If victim in question do not really care now why do you expect others to care about it?

Because it's not good for society to make prosecution entirely dependent on the wishes of the victim - there are certain groups (let's say, although I don't know if this is what they are really like . . . Buddhist monks) who will always forgive those who commit crimes against them, but we don't want to basically make it legal to commit crimes against Buddhist monks.

 

[Quackers]

Well, you can not really blame people as this event had happened 33 years ago, and now this 13 yo girl is nearly 50 and do not want to push this case herself. If victim in question do not really care now why do you expect others to care about it?

As it was said earlier in the thread it does not matter whether she wants to push the case or not. The law must be enforced.

 

[MobBoss]

Which leader of the narco terrorist group FARC are you talking about - you have not given a name.

I was speaking in general terms.

So why does the US not charge Posada Carriles for the terrorist bombing of an airliner that killed 73 innocent people and try him in the USA.

Perhaps the prosecuting attorney responsible doesnt have enough valid evidence to go forward with charges?

Libya gave up the people accused of the Lockerbie bombing and agreed for them to be sent to The Hague for trial. The US could do the same if they do not want to try the terrorist themselves and do not want to send Posada Carriles to Venezuela.

Libya only gave up 2 people for that, and had a list of demands to be met prior to doing so.

 

[Silurian]

I was speaking in general terms.

Ah strawman

Perhaps the prosecuting attorney responsible doesnt have enough valid evidence to go forward with charges?

So Venezuela may or may not have provided the evidence that may or may not have been requested by the US prosecuting attorney.

Unfortunately the US refused to give the evidence requested in the Polanski case so the Swiss court didn't have enough valid evidence to go forward with the extradition.

Libya only gave up 2 people for that, and had a list of demands to be met prior to doing so.

Libya main demand was that they would not go to US where they could be executed so The Hague was agreed for the trial. The US could do the same if they do not want to try the terrorist themselves and do not want to send Posada Carriles to Venezuela.

 

[MobBoss]

Ah strawman

Wrong.

So Venezuela may or may not have provided the evidence that may or may not have been requested by the US prosecuting attorney.

No, you asked why the USA hadnt pressed charges..

Unfortunately the US refused to give the evidence requested in the Polanski case so the Swiss court didn't have enough valid evidence to go forward with the extradition.

No. As Illram stated, it wasnt the job of the swiss to consider such evidence, and even one of the swiss judges involved stated such evidence was immaterial to their decision prior to the request being made.

Libya main demand was that they would not go to US where they could be executed so The Hague was agreed for the trial. The US could do the same if they do not want to try the terrorist themselves and do not want to send Posada Carriles to Venezuela.

No, the trial wasnt done at the Hague. It was a Scottish trial with the venue set at a former US Air Force base in the Netherlands.

Maybe you should get better informed on the issue prior to discussing further.

 

[Silurian]

Wrong.

Ok please reply to this

Originally Posted by Silurian
Which leader of the narco terrorist group FARC are you talking about - you have not given a name.

Posted by Mobboss

No, you asked why the USA hadnt pressed charges..

in reply to

So Venezuela may or may not have provided the evidence that may or may not have been requested by the US prosecuting attorney

.

Posted by Mobboss

Perhaps the prosecuting attorney responsible doesnt have enough valid evidence to go forward with charges?

Posted by Elrohir

They aren't "harboring" him. They're charging him with a crime, and he's been in and out of prison, but refusing to extradite him because they (rather reasonably) believe that he'll be tortured if he's sent back

.

It was stated at an extradition hearing as, Elrohir noted, that the court believed that he may be tortured if sent back to Venezuela.

Since the USA does not want to send a terrorist back to Venezuela for trial why does not the USA gather the evidence and prosecute him or send him to The Hague for trial.
Or does the US not believe that bombing of airliners is not important if the passengers include the Cuban fencing team.

No. As Illram stated, it wasnt the job of the swiss to consider such evidence, and even one of the swiss judges involved stated such evidence was immaterial to their decision prior to the request being made.[/QUOTE]

Switzerland is a sovereign state and is not part of the USA.
It is the job of the Swiss judiciary to follow the laws and rules of Switzerland not the laws and rules of the USA.
Do you think Switzerland should decide how US courts conduct their business?

Many judicial systems have decent between judges about required evidence, points of law etc.
Would you please confirm that there are no disputes between judges in the USA.

No, the trial wasnt done at the Hague. It was a Scottish trial with the venue set at a former US Air Force base in the Netherlands.

Maybe you should get better informed on the issue prior to discussing further

Correct it took place a 53 minute drive from The Hague.
Only some preliminary hearings before the trial were held in the ICJ in The Hague.

 

[illram]

It is the job of the Swiss judiciary to follow the laws and rules of Switzerland not the laws and rules of the USA.

A treaty is technically a law and rule of Switzerland.

Do you think Switzerland should decide how US courts conduct their business?

No, and that's essentially what they did here.

 

[Bestbank Tiger]

Do you think Switzerland should decide how US courts conduct their business?

No, but that's exactly what they did here.

 

[Bestbank Tiger]

Well, you can not really blame people as this event had happened 33 years ago, and now this 13 yo girl is nearly 50 and do not want to push this case herself. If victim in question do not really care now why do you expect others to care about it?

So you think Rev. Shanley (one of the notorious pedophile priests in Boston) should be let out? After all, his crimes were a long time ago. And since he's served several years in prison, he has an even better case than Polanski to be set free.

 

[Silurian]

A treaty is technically a law and rule of Switzerland.
.

From lupin

The Swiss-US treaty is quite clear that extradition applies only if the sentence in question exceeds one year (art 2); the only sentence of record (sort of) in this case is 90 days, of which Mr. Polanski served 42 days, and clearly the DA failed to convince the Swiss otherwise

The Swiss asked for evidence about how he was sentenced to 90 days and released after 42 days.
The US authorities said the evidence was confidential.
Without the evidence required be the Swiss court could not decide if 90 days was the sentence.

Asking for evidence from the US about how business was conducted in the US court is not telling them how to conduct their business.