Montenegro Supreme Court Delays Do Kwon’s Extradition to South Korea Amid Legal Complexities

• In a recent development, Montenegro’s High Court has delayed the extradition of Terra founder Do Kwon to South Korea.
• This decision was announced by the High Court on Thursday, August 8, following the prosecutor’s request for verification of claims before commencing the extradition process.
• The Supreme Court’s decision introduces an additional layer of complexity to an already convoluted legal saga involving multiple court decisions and revisions over the past few months.

Montenegro’s High Court Delays Terra Founder Do Kwon’s Extradition: Complexity Unfolds

High Court Decides to Postpone Extradition to South Korea

The High Court of Montenegro, under the leadership of Judge Seka Piletić, has chosen to postpone the extradition of Terra founder Do Kwon to South Korea. This ruling aims to provide time for the prosecution to verify their claims before proceeding with the extradition. Previously, both the Podgorica High Court and the Appellate Court had sanctioned the extradition, but this new decision pauses those actions.

Concerns Over Legal Violations and Compliance

One of the pivotal reasons for the High Court’s decision to delay the extradition involves concerns about potential legal violations during the initial ruling process. The High State Prosecutor’s Office (VDT) has called for an in-depth review to ensure the adherence to Montenegrin laws and international agreements. VDT has requested the court to assess whether the extradition should be directed towards the United States or South Korea, thereby putting the plans of the Ministry of Justice and the Directorate of Police on hold.

Prosecution’s Allegations and Requests

Following the Appellate Court’s affirmation of the High Court’s decision, the VDT submitted a petition claiming potential breaches under the Law on International Legal Assistance in Criminal Matters. Consequently, a thorough examination by the highest judiciary is warranted in the context of this crypto fraud case. On August 2, 2024, the VDT highlighted possible violations, urging the High Court to temporarily suspend the previous court rulings.

Legal Defense and Representation for Do Kwon

Goran Radić, the legal representative of Do Kwon, raised concerns about the inconsistency in legal decisions throughout the extradition process. Radić pointed out that the prosecution did not contest the previous High Court ruling that allowed Kwon to be extradited to the United States. However, the recent ruling permitting extradition to South Korea, pending approval from the Montenegrin Minister of Justice, has added layers of complexity and raised questions about the consistency and legality of these decisions.

Conclusion

The postponement of Do Kwon’s extradition reflects the intricate and multifaceted legal landscape of international extradition involving high-profile individuals. This decision not only halts immediate actions by Montenegrin authorities but also signifies the necessity for a meticulous review process to uphold legal standards and international protocols. The evolving implications of this legal saga will undoubtedly attract further scrutiny and analysis, as stakeholders await a definitive resolution.