UK Supreme Court backs extraditions involving children

June 20, 2012

BBC News on June 20, 2012 released the following:

“By Dominic Casciani
Home affairs correspondent

Extraditions to the US and Europe should go ahead, even when a suspect has children in the UK, the UK Supreme Court has ruled.

In a series of linked judgements, the court said the public interest in extraditing suspects usually outweighed the rights of children.

Each suspect argued they should remain in the UK because they were parents.

The court allowed one appeal against extradition because of the lesser nature of the alleged offence.

Under British law, the courts must consider the rights of a child and what is in their best interests.

Sexual assault allegations

In the cases heard by the Supreme Court, extradition suspects argued that the UK’s legal duties towards protecting children meant their human rights would be breached if they – as parents – were extradited.

In the first case, the US state of Arizona had sought the extradition of a British couple, known only as Mr and Mrs H, on charges of knowingly importing chemicals to manufacture methamphetamine.

Mrs H has six children, aged between one and 14-years-old. Mr H is the father of the youngest four.

The family’s complicated history includes allegations of sexual assault on children by Mr H. At one point, he was banned from any contact with the three oldest in the family.

The seven justices who heard the case unanimously dismissed the appeal against extradition.

Lord Justice Hope said: “There is no doubt where the children’s best interests lie. Their best interests must be to continue to live with their mother.

“On the other hand, there is no escape from the fact that these are criminal proceedings and that the crimes alleged, which were persisted in over a substantial period, are very serious.

“The interests of justice must be given effect to.”

Lord Hope added that it was for the American courts to decide whether the family should benefit from any leniency in sentencing, and not for the UK to stand in the way.

In the second group of cases, the justices approved the extradition of two people to Italy on drugs offences, saying that the seriousness of the alleged crimes justified interfering with the rights of their three young children.

‘Blameless life’

But in a final case, involving a mother of five from Poland, the court said it would halt the extradition.

The judges said that while she faced an allegation of dishonesty amounting to £6,000, the offending was not grave and, furthermore, the case itself was 10 years old.

The court said it accepted evidence the woman’s extradition would have a profound effect on her two younger children, who had been born in the UK.

“During that lapse of time, the appellant and her family have made a new, useful and blameless life for themselves in this country,” said Lady Hale.

“The public interest in returning the appellant to face trial and sentence… is not such as to justify the inevitable severe harm to the interests of the two youngest children in doing so.””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Brother of Sinaloa Kingpin Extradited to US

April 5, 2012

In Sight on April 4, 2012 released the following:

Jesus “El Rey” Zambada Garcia, brother of Sinaloa Cartel kingping Ismael Zambada Garcia, has been extradited to the United States to face drug trafficking charges.

On April 3, Zambada [] was transferred from the maximum security in Matamoros, Tamaulipas to a flight bound for New York. Thanks to a July 2009 indictment issued by a New York Federal court, it is there that he will face the charge of being one of the principal members of an international cocaine trafficking ring that included his brother (alias “El Mayo”) and the Sinaloa Cartel head, Joaquin·”El Chapo” Guzman.

Mexican authorities captured Zambada in October 2008 along with 16 other people in Mexico City. At the time of his arrest, Mexico’s attorney general accused Zambada of controlling the smuggling of cocaine and methamphetamine precursor chemicals through the capital’s airport and touted him as being one of the most high-profile arrests to occur under President Felipe Calderon’s administration.

Zambada will appear before the New York court in the following days, reports El Universal.

InSight Crime Analysis

Zambada’s extradition marks the second suffered by the family in recent years after Mexico’s government detained Ismael’s son, Jesus Vicente Zambada, in March 2009 and extradited him to the US the following year to face drug trafficking charges. He is currently being held in a Chicago prison.

More importantly, it marks a growing trend under Calderon’s presidency. According to a report by El Universal last year, extraditions to the US since Calderon took office have almost tripled, with 464 suspects extradited between 2006 and August 5, 2011.

Such a dramatic increase is a mixed blessing. While extradition ensures that high-profile suspects avoid the deficiencies of Mexico’s judicial system — where impunity is thought to be around 90 percent, if not higher — thus increasing the chance they are brought to justice, this also can have the effect of leaving Mexico’s courts in a perpetual state of underdevelopment, according to some analysts.

Another potential problem with extradition is that the accused does not face charges for all the crimes they may have committed in their home country. For example, when Jesus Zambada was arrested, Mexican prosecutors stated that he was tied to a number of killings in western and central Mexico. Now that he is extradited, he will not face any charges for these homicides, thus leaving the victims’ families with no possibility of recourse through judicial proceedings.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Mexico here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.