Santo Domingo, DR.
The Second Criminal Chamber of the Supreme Court of Justice refused to extradite Dominican Élida Isabel Feliz, considering that her name does not appear in the diplomatic note from the Brazilian government against her husband.
The court presided over by Judge Francisco Jerez Mena, Nancy Salcedo Fernández and María Garabito, after rejecting the extradition request, ordered the pure and simple release of Isabel Feliz, who was detained at the headquarters of the National Drug Control Directorate (DNCD). ).
Similarly, the judges annulled the arrest warrant issued by the court on February 12, as well as the imposition of a coercive measure, for not being requested for extradition in the diplomatic notes issued by the requesting country, as if it were her husband Pablo Milano Escarfulleri or Paolo Ceccato.
The court maintains that although Isabel Feliz appears in a criminal proceeding in the requesting country, she was not requested for extradition through diplomatic channels as established in article 14.1 of the Extradition Treaty signed between the government of the Dominican Republic and the government of the Federal Republic of Brazil.
He specified that for an extradition request to be known, it is necessary that the diplomatic note and the documents that serve as support for said request clearly and precisely indicate the identity of the person requested in extradition, which does not It happens in the case of Isabel Feliz.
is not persecuted
It emphasizes that the imposition of a coercive measure cannot be pursued against a person who is not being prosecuted for extradition through the corresponding diplomatic channel by the requesting State.
According to the extradition request of Milano Escarfulleri, and his wife Isabel Feliz, while deprived of liberty for drugs in Brazil, they abducted a minor daughter using mechanisms of violence.
second case
This is the second case of refusal of extradition ordered by the Supreme Court this month, because the identity of the person required for extradition has not been unequivocally established.
This is the Dominican Elvis José García Hiciano, who was claimed for extradition under the name of Freddy Frías García Jiménez and/or Elis José García Hiciano, by the United States to be prosecuted for drug trafficking, in the Southern District Court of Florida.
The court presided over by Judge Francisco Jerez Mena, Nancy Salcedo Fernández and Francisco Ortega Polanco, after rejecting the request, also ordered García Hiciano’s pure and simple release.
Similarly, it annulled the arrest warrant issued by the court on May 23 last for not having unequivocally established the identity of the person required in extradition, as well as the return of the assets to Freddy by court order previously by this jurisdiction.
The high judicial court of the country made the decision, alleging that the data of the person who is being investigated by the criminal authorities of the United States does not correspond to that of Elvis José García Hiciano