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U.S. Seeks Extradition of Joran van der Sloot

By Jeralyn, Section Crime in the News
Posted on Fri Apr 27, 2012 at 03:46:33 PM EST
Tags: Joran Van der Sloot (all tags)
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A Peru Court will hold a hearing May 8 on a request by the U.S. for the extradition of Joran van der Sloot, who is serving a 28 year sentence for the murder of Stephany Flores. Van der Sloot is charged in federal court in Alabama with extortion of money from Natalee Holloway's mother and wire fraud, following a sting operation by the FBI and Holloway's lawyer. The Indictment is here. Joran has never been charged anywhere with the murder of Natalee Holloway, thus he is presumed innocent of that crime.

The media reports if granted, Van der Sloot will be tried in the U.S., then returned to Peru to finish serving his sentence, and then, assuming he has been convicted in the U.S., returned to the U.S. to serve the sentence imposed here.

Here is the extradition treaty. It provides:

2. If extradition is granted in the case of a person who is being proceeded against or is serving a sentence in the Requested State, such State may, in exceptional cases, temporarily surrender the person sought to the Requesting State exclusively for the purpose of prosecution. The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with conditions to be determined by agreement of the Contracting States. (my emphasis.)

What makes Joran Van der Sloot's case exceptional to warrant the invocation of this section of the treaty? I can't think of anything.

Does Joran get credit once back in Peru for the time spent in the U.S.? It seems unlikely, and I once looked it up, but I don't remember now.

If convicted in the U.S., does he get to remain here while he appeals? It would seem he gets to stay for the appeals process, since the proceedings aren't final until he has exhausted his appeals -- and possibly a federal habeas after that. He could be here for years.

Given the prison conditions in Peru, Joran may prefer to be incarcerated here