He will remain arrested. The judge of U.S, Thomas S. Hixson, postponed his decision on September 12 against the request of the former president Alejandro Toledo to face the extradition process against him on bail for the alleged kickbacks he received from the construction company Odebrecht.
Federal prosecutor Elise LaPunzina had warned that there was a high risk of escape from Alejandro Toledo, while the former governor said he had no intention of living outside the United States.
EYE, what has been NOT is a rejection of the request for bail. Only the decision has been postponed to be able to take it with greater sustenance. The next hearing will be on September 12. @ ECEC_Policy
– Liliana Michelena (@lilimichelena) August 29, 2019
It was planned that this hearing be held on Thursday 22, but the defense of Toledo presented documents to reconsider the arrest of the ex-president and the judge determined that a week be postponed.
"The Court would like to receive the Government's response regarding the opposition notice of Alejandro Toledo to his arrest, ”said Judge Thomas S. Hixon.
Both the defense and the prosecution have presented their arguments in this case. Here are some important points to understand the process of the former head of state in the United States.
-What stage is the extradition process? –
Following the order of Judge Thomas S. Hixson, of the Court of the Northern District of California, Alejandro Toledo was arrested on the morning of Tuesday, July 16.
The US magistrate accepted an arrest order for extradition purposes that the Peruvian State presented in February 2017. This after issuing an order of preventive detention for 18 months for the former president of the Republic to be prosecuted for the alleged crimes of influence peddling, asset laundering and collusion.
From the time the arrest was requested for extradition purposes until the day of his arrest, two years and five months passed.
In this stage, Alejandro Toledo You must prove that there are special circumstances or some delay in your extradition process, so that you can be granted bail.
Justice will assess whether there is a risk of leakage in the case of the ex-plaintiff.
-The arguments of the United States Attorney's Office-
Federal prosecutor Elise LaPunzina argues that Alejandro Toledo It has a high risk of leakage.
When the judge ordered the arrest of the former head of state, the prosecutor presented as main arguments the expired passport and without trips since 2017, the lack of roots and the amount of money that Toledo Manrique handles. He revealed that the FBI found a briefcase with US $ 40,000 when he was arrested.
In addition, the Prosecutor's Office has reported that Eliane Karp, the ex-president's wife, would have more than US $ 400,000 in her accounts in North America and Europe.
For the authorities, Toledo would have important economic means that would increase the chances of a leak. They indicate that despite the Peruvian government's seizure of their property, the former leader of Peru Possible makes frequent trips to the city of Washington and has sufficient funds to pay for the rental of a house in Menlo Park.
-The defense of Toledo-
Graham Archer is the public defender who is in charge of the defense of Alejandro Toledo in United States. It was he who asked the judge to reassess the detention and grant bail, after providing the court with financial information about his defendant.
The judge agreed to reconsider the arrest. Archer has provisionally assumed the Toledo case, after his lawyer Joseph Russoniello abandoned the defense.
In a letter sent to Judge Thomas S. Hixon, the ex-president said he has no intention of living outside the United States.
“My wife and I have no intention of living anywhere other than California. I want you to be sure of that, ”he said, after reviewing his political and professional life since he arrived in the United States.
He explained that if he did not request US citizenship, it was because Peru does not accept dual citizenship for presidential candidates.
In the document, the lawyers point out that the US $ 40,000 found in Toledo's house belong to his wife. They claim that as the family was going through a difficult time, former mother-in-law Eva Fernenbug's mother-in-law gave them money to help cover day-to-day expenses.
-What happens if the judge does not accept the request? –
If the federal judge denies the request for bail defense, Alejandro Toledo He will continue to be detained during the extradition process until it is determined whether he will be handed over to the Peruvian authorities.
If the Federal Court grants the extradition, the file will be sent to the State Department, where they will study the documentation submitted by the parties. The requirement to the legal advisers of the Secretary of State to decide if Toledo is extradited.
After this, the former president may be handed over to the Peruvian authorities.
Meanwhile, in Peru, the Constitutional Court dismissed an appeal of habeas corpus filed by Alejandro Toledo's defense to annul the resolution that authorized the extradition process for the Odebrecht case.
On March 21, 2018, the Council of Ministers authorized the extradition request against Toledo made by the Judiciary. For the defense, the Executive violated Toledo's rights and failed to comply with the basic requirements of the Extradition Treaty of Peru and the United States.
. (tagsToTranslate) Alejandro Toledo (t) extradition (t) united states (t) Odebrecht