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Alleged Warloads Extradited from Columbia to the U.S.

Fourteen alleged warlords have been extradited from Columbia to the United States to face drug trafficking charges in a move the Bush administration feels supports a trade deal with Columbia.^[1]

Many Colombians fear a narrow U.S. focus on drug crimes would allow for the warlords and their allies to evade responsibility for committing alleged human rights violations including the deaths of nearly 10,000 people.^[2]

Salvatore Mancuso and other top leaders of Colombia's right-wing militias were spirited out of jail and sent to the United States. These individuals have been accused of partaking in some of Colombia's worst atrocities.^[3]

Thirty-one members of Columbia?s congress have been jailed resulting from a scandal where they allegedly promoted or benefited the paramilitaries. "They've taken away all the witnesses," according to Claudia Lopez, a researcher who helped uncover the scandal.^[4]

A number of these jailed politicians are close allies of President Alvaro Uribe, including his second cousin, a former senator and longtime political adviser. In addition, another 30 politicians are under investigation.^[5]

U.S. authorities have promised to cooperate with Colombian prosecutors, and President Uribe has stated that any assets seized from the warlords as a result of U.S. court decisions would be used to compensate the victims.^[6]

The Bush administration believes the extraditions should led to a reconsideration by U.S. congressional Democrats of their opposition to the Colombian trade deal.^[7] The trade deal is thought to have stalled over accusations that Uribe has not effectively cracked down on the militias for killing union organizers.^[8]

Furthermore, a large number of warlords and their fighters have demobilized, promising to admit to their crimes and halt any illegal activities in exchange for reduced jail terms and protection from extradition.^[9]

Uribe, however, has stated that the militia bosses were continuing to commit crimes from prison, failing to cooperate with investigators and neglecting ?to compensate victims - hiding assets and delaying their delivery."^[10]

Most of the defendants were taken from prison in handcuffs and bulletproof vests headed on flights to Florida in an unmarked U.S. government plane. Upon their arrival they will be tried in courts in Washington, Miami, Tampa, Fla., New York and Houston. According the Department of Justice, as part of the extradition agreement, none will receive life sentences.

The leaders include Mancuso, Diego Murillo (also known as "Don Berna") and Rodrigo Tovar, a military officer's son who went by the name Jorge 40. All but one are charged with cocaine trafficking. Other charges include money laundering and conspiracy to provide material support to a designated terrorist group.^[11]

Hernando Benavides, Mancuso's lawyer, believes the extradition is a violation of due process, and notes that his client has surrendered more than US$20 million in assets and implicated politicians and businesses in the scandal.^[12]

Some victims argued that the mass extradition dims chances the warlords will confess to their most heinous crimes.^[13]

"They are not going to confess over there," Maria Eugenia Cobaleda of Medellin told the AP. She blames Don Berna for her two brothers' disappearance a decade ago.^[14]

As noted recently in this blog, Article 8 of the extradition treaty between the United States of Columbia has been often thought of as an important article in the extradition of individuals facing prosecution for the alleged trafficking of narcotics. That article imposes an obligation on the requested State to extradite all persons, including its nationals, in cases where the offense involves punishable acts in both countries and the offense was intended to be consummated in the requesting State. The entire extradition treaty between the United States and Columbia can be read here.Federal criminal defense attorney, Douglas McNabb has written extensively on the subject of international extradition. Some of his work on the subject can be found here.

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[1] Frank Bajak, Columbian Warlords Extradited to U.S., The Associated Press, May 13, 2008 (available at http://www.tri-cityherald.com/917/story/182679.html).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.

Full post as published by International Extradition Blog on May 18, 2008 (boomark / email).