The Second Room of the Supreme Court of Justice ordered the pure and simple freedom of a Dominican man and a Dominican-Italian woman who had been requested in extradition by the governments of the United States and Brazil, respectively.
According to the reasons for the sentence, in the case of the Dominican Freddy Antonio García Jiménez or Elvis José García Hiciano, Initially, the Government of the United States requested its extradition through diplomatic channels but did not unequivocally demonstrate the identification of the requested citizen, “so handing him over would violate his fundamental rights, such as freedom, effective judicial protection and due process.”
The United States District Court requested the transfer of this person to be tried for the following crimes: “conspiracy to distribute a controlled substance, knowing, intending and having reasonable cause to believe that it would be imported into the United States , criminal association to import a controlled substance and criminal association to possess with the intent to distribute a controlled substance”.
The authorities raided and seized properties belonging to Mr. García Jiménez and arrested him on June 9, 2022. From that date he was held in the National Drug Control Directorate (DNCD) until August 17, when he was released.
“The data of the person who is being investigated by the criminal authorities of the United States does not correspond to that of the citizen Elvis José García Hiciano, and the subsequent description prepared by the requesting party, once said citizen was arrested… cannot pursue the imposition of a measure of coercion against a person about whom there is no certainty that he is the one investigated by the requesting State”, the judges concluded. Francisco Antonio Jerez Mena, Nancy Salcedo Fernández and Francisco Antonio Ortega Polancowho they also ordered the return of the properties seized through resolution 001-022-2022-SRES-01204
In another legal process, the Dominican-Italian Elida Elizabeth Happy was requested in extradition by the Federative Republic of Brazil since 2013 together with the Italian Pablo Milano Escarfulleri alias Paolo Ceccato to face in that country the charges of “Kidnapping or Abduction of minors and death threat”.
The court ruled in favor of Feliz because, unlike Milano Escarfulleri, the citizen, she was not requested through diplomatic channels in accordance with article 14.1 of the Treaty of Extradition signed between the government of the Dominican Republic and the government of the Federative Republic of Brazil.
“In order for an extradition request to be known, it is necessary that the diplomatic note and the documents that support said request clearly and precisely indicate the identity of the person requested in extradition, which does not occur in the case of Elida Isabel Feliz”, the court clarified in resolution No. 001-022-2022-SRES-01192 of August 10, 2022.
The Second Chamber of the Supreme concluded that it is of opinion that the request for extradition it must be carried out through diplomatic channels and the documents that support the request must contain the precise indication of the imputed act, the date and place in which it was carried out, as well as data or background information necessary to verify the identity of the person claimed.
“In this perspective, it is worth pointing out that it is not enough for the requesting State to be convinced of the person it is persecuting, but, in addition, it must faithfully comply with the provisions of the treaty in extradition in force and provide all the relevant documentation that make it possible to unequivocally identify to the requested person; which in the case has not happened”, specified the Supreme Court.