Saturday, September 3, 2011

... & Salvadoran defendants freed

We reported late last month on the arrest of 9 officers in El Salvador on a Spanish warrant stemming from the killings of Jesuit priests in 1989. Days later, the Salvadoran Supreme Court ordered the ex-military officers released, on grounds that the court interpreted an Interpol “red notice” to require only that the men be located, not detained.
The court basically held that Spain had not followed the proper procedures to request their detention, although its decision was widely viewed as a political rejection of the Spanish request, not simply a procedural quibble.
Now what?
A formal extradition request is still pending, and at that point the Salvadoran court will be faced with explaining why, if it won’t extradite, it isn’t obligated to prosecute.
Stay tuned.

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