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Difference between 'Dudus' and the 19 J'cans extradited last year
KEN CHAPLIN
Tuesday, September 29, 2009
At the time of writing, extradition proceedings against Christopher "Dudus" Coke, strongman of Western Kingston and undisputed leader of Tivoli Gardens, had not yet started. Coke is wanted in the United States on charges of smuggling narcotics into that country and conspiring to export guns to Jamaica. The American government has requested his extradition for trial.
KEN CHAPLIN
The extradition request is being considered by Jamaica's Minister of Justice and Attorney General Senator Dorothy Lightbourne, as the central authority named in the Extradition Treaty between Jamaica and the United States. The extradition request has to be approved by the minister after which Coke can be arrested and taken before a resident magistrate who will rule if the matter should be expedited. If the judge rules against him he has the right to appeal.
The treaty between the governments of the USA and Jamaica on mutual legal assistance in criminal matters, under which extradition proceedings fall, was signed in Kingston on July 7,1989. In a letter to the US Senate in 1991, President George Bush said that the treaty was one of a series of modern mutual assistance treaties being negotiated by the United States in order to counter criminal activities more effectively. "The treaty should be an effective tool to assist in the prosecution of a wide variety of modern criminals, including members of the drug cartels, 'white-collar criminals' and terrorists," Bush wrote.
The treaty provides for assistance in investigations and proceedings for criminal enforcement matters. Proceedings are defined to include not only criminal proceedings but also civil and administrative proceedings to forfeit the proceeds of drug trafficking. The requested state (Jamaica) retains the discretion, however, to deny assistance to the extent that it concerns conduct that would not in the view of the central authority (the minister of justice), be an offence under the laws of the requested state.
Assistance under the treaty includes locating persons, serving documents, providing records, taking testimony or statements of persons, producing documents, executing requests for searches and seizures, facilitating the personal appearance of witnesses, transferring persons in custody for testimonial purposes connected with the giving of evidence and cooperating in any other criminal law enforcement matter deemed appropriate by the contracting parties.
The central authority of the requested state may deny a request if it determines that the execution of the request would prejudice the security or other essential public interests of the requested state, if the request relates to a political offence, to an offence under military law which is not an offence under ordinary criminal law, if the request does not show either that proceedings for criminal law enforcement purposes have been instituted in the requesting state or that there are reasonable grounds for believing that a criminal offence has been committed or is likely to be committed; execution of the request would be contrary to the constitution of the requested state, or the request should be denied for any other reason provided in the treaty.
The requested state, in this case Jamaica, may in its discretion refuse to comply in whole or in part with a request for assistance under the treaty to the extent that it appears to its central authority to concern conduct which would not constitute an offence under the laws of the country. The treaty is intended solely for mutual legal assistance between criminal law enforcement authorities of the two countries. Its provisions shall not create any right on the part of any private person to obtain or exclude any evidence or to impede the execution of any request.
The treaty obligates the central authorities of Jamaica and the United States to comply promptly with a request or immediately advise the requesting state of any objections it has to the request. Perusing the provisions of the treaty, it seems the only basis on which Jamaica could possibly deny the request is the section which states that if the extradition of the request would prejudice the security or other essential public interest of the country. That clause is too wide and weakens the force of the treaty. But it cannot be changed now to suit the particular circumstances.
One national organisation whose role is to preserve peace in inner-city communities has already pointed out that Coke's extradition could cause unrest in West Kingston where he wields considerable power. Whether the Americans would "buy" this argument if put to them by the government is left to be seen, but it should be pointed out that historically fear has never been a factor in their dealing with crime on a federal level. And Jamaica, one might add, is not the USA. The provision of the treaty must, however, be complied with. The whole affair has placed Prime Minister Bruce Golding in a peculiar position because he is also the member of parliament for West Kingston and Coke is one of the strongest supporters of the Jamaica Labour Party in the constituency.
The public might ask what is the difference between Coke and the 19 other Jamaicans who were extradited to the United States last year. Well, none of them has the influence of Coke on the wayward youth of the constituency and beyond.
KEN CHAPLIN
Tuesday, September 29, 2009
At the time of writing, extradition proceedings against Christopher "Dudus" Coke, strongman of Western Kingston and undisputed leader of Tivoli Gardens, had not yet started. Coke is wanted in the United States on charges of smuggling narcotics into that country and conspiring to export guns to Jamaica. The American government has requested his extradition for trial.
KEN CHAPLINThe extradition request is being considered by Jamaica's Minister of Justice and Attorney General Senator Dorothy Lightbourne, as the central authority named in the Extradition Treaty between Jamaica and the United States. The extradition request has to be approved by the minister after which Coke can be arrested and taken before a resident magistrate who will rule if the matter should be expedited. If the judge rules against him he has the right to appeal.
The treaty between the governments of the USA and Jamaica on mutual legal assistance in criminal matters, under which extradition proceedings fall, was signed in Kingston on July 7,1989. In a letter to the US Senate in 1991, President George Bush said that the treaty was one of a series of modern mutual assistance treaties being negotiated by the United States in order to counter criminal activities more effectively. "The treaty should be an effective tool to assist in the prosecution of a wide variety of modern criminals, including members of the drug cartels, 'white-collar criminals' and terrorists," Bush wrote.
The treaty provides for assistance in investigations and proceedings for criminal enforcement matters. Proceedings are defined to include not only criminal proceedings but also civil and administrative proceedings to forfeit the proceeds of drug trafficking. The requested state (Jamaica) retains the discretion, however, to deny assistance to the extent that it concerns conduct that would not in the view of the central authority (the minister of justice), be an offence under the laws of the requested state.
Assistance under the treaty includes locating persons, serving documents, providing records, taking testimony or statements of persons, producing documents, executing requests for searches and seizures, facilitating the personal appearance of witnesses, transferring persons in custody for testimonial purposes connected with the giving of evidence and cooperating in any other criminal law enforcement matter deemed appropriate by the contracting parties.
The central authority of the requested state may deny a request if it determines that the execution of the request would prejudice the security or other essential public interests of the requested state, if the request relates to a political offence, to an offence under military law which is not an offence under ordinary criminal law, if the request does not show either that proceedings for criminal law enforcement purposes have been instituted in the requesting state or that there are reasonable grounds for believing that a criminal offence has been committed or is likely to be committed; execution of the request would be contrary to the constitution of the requested state, or the request should be denied for any other reason provided in the treaty.
The requested state, in this case Jamaica, may in its discretion refuse to comply in whole or in part with a request for assistance under the treaty to the extent that it appears to its central authority to concern conduct which would not constitute an offence under the laws of the country. The treaty is intended solely for mutual legal assistance between criminal law enforcement authorities of the two countries. Its provisions shall not create any right on the part of any private person to obtain or exclude any evidence or to impede the execution of any request.
The treaty obligates the central authorities of Jamaica and the United States to comply promptly with a request or immediately advise the requesting state of any objections it has to the request. Perusing the provisions of the treaty, it seems the only basis on which Jamaica could possibly deny the request is the section which states that if the extradition of the request would prejudice the security or other essential public interest of the country. That clause is too wide and weakens the force of the treaty. But it cannot be changed now to suit the particular circumstances.
One national organisation whose role is to preserve peace in inner-city communities has already pointed out that Coke's extradition could cause unrest in West Kingston where he wields considerable power. Whether the Americans would "buy" this argument if put to them by the government is left to be seen, but it should be pointed out that historically fear has never been a factor in their dealing with crime on a federal level. And Jamaica, one might add, is not the USA. The provision of the treaty must, however, be complied with. The whole affair has placed Prime Minister Bruce Golding in a peculiar position because he is also the member of parliament for West Kingston and Coke is one of the strongest supporters of the Jamaica Labour Party in the constituency.
The public might ask what is the difference between Coke and the 19 other Jamaicans who were extradited to the United States last year. Well, none of them has the influence of Coke on the wayward youth of the constituency and beyond.