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Confusion over terms of Sadiki’s extradition

Though the document confirming the extradition of Baki Sadiki, a Kosovar Albanian living in Slovakia, contained the right to a new trial, it is not singled out as a condition for his extradition, according to the copy of the document obtained by the Sme daily. The Prešov Regional Court cited this requirement in its decision to cancel the original verdict sentencing Sadiki to 22 years in prison for drug trafficking. Sadiki will face a new trial based on the original indictment.

Though the document confirming the extradition of Baki Sadiki, a Kosovar Albanian living in Slovakia, contained the right to a new trial, it is not singled out as a condition for his extradition, according to the copy of the document obtained by the Sme daily. The Prešov Regional Court cited this requirement in its decision to cancel the original verdict sentencing Sadiki to 22 years in prison for drug trafficking. Sadiki will face a new trial based on the original indictment.

Court spokesperson Michal Drimák said on September 6 that the regional court overrode the verdict of the lower court, as Kosovo had asked the Slovak side to ensure a new trial for Sadiki. Drimák, as quoted by the SITA newswire, pointed to provisions of the penal code, based on which if a state extradites a person under certain terms, those terms must be met. The Justice Ministry responded on September 9 that it is not true that Kosovo extradited Sadiki with the condition of a guaranteed new trial.

The document obtained by Sme, signed by Kosovo’s Justice Minister Harejdin Kuçi, has only one page and three points. The first states that the conditions for extradition have been met “also based on guarantees of the Slovak authorities that Mr Sadiki will have right for new trial”. The Justice Ministry explains that this sentence made it into the document after Justice Minister Tomáš Borec wrote in an official request for Sadiki’s extradition that based on the respective laws the person has the right to ask for new trial, Sme wrote.

The second point refers to the conditions for extradition, which include the guarantee that Sadiki will not be prosecuted for other crimes, that he will not have higher punishment, and that Slovakia will not extradite him to other country without Kosovo’s consent, according to Sme.

The Slovak Justice Ministry says that only the second point contains the conditions for extradition and insists on its claim that the reasoning of the court is only misinterpretation of the document and the new trial could not have been guaranteed as it exceeds the penal code, as reported by Sme.

Meanwhile, the opposition MPs called for summoning the special session of parliamentary defence and security committee for what they called the “scandalous course of action of judicial authorities” in the case, the TASR newswire wrote.

“The regional and district courts used absurd reasoning to justify the annulment of the ruling and renewal of the trial ... It appears as though somebody pulled out all the stops to set the convicted drug dealer free, which constitutes a number of security risks,” said Daniel Lipšic, MP and chair of the Nová Väčšina – Dohoda movement, as quoted by TASR.

The summoning of the session was also supported by the committee’s chair Jaroslav Baška from ruling Smer party, who said he will do so by the end of the ongoing parliamentary session.

“This needs to be explained, not like they did in the media,” Baška said, as quoted by TASR. “It is a case we should pay attention to.”

Source: Sme, TASR, SITA

For more information about this story please see: UPDATED: Sadiki gets new trial

Compiled by Radka Minarechová from press reports

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