Extradition

• Pages: 47-49

47

international law update Volume 22, July–September 2016

© 2016 International Law Group, LLC. All rights reserved. ISSN 1089-5450, ISSN 1943-1287 (on-line) | www.internationallawupdate.com

“At bottom, we agree with the District

Court that the location of responsive documents

and electronically stored information—to the

extent a physical location can be discerned in

this digital age—does not establish a per se bar

to discovery under § 1782. To hold otherwise

would categorically restrict the discretion Congress

aorded federal courts to allow discovery under §

1782 ‘in accordance with the Federal Rules of Civil

Procedure.’ 28 U.S.C. §1782(a). is, we cannot

do. See Stanard v. Olesen, 74 S. Ct. 768, 771

(1954) (‘[I]t is for Congress, not the courts, to write

the law.’); see also Intel Corp., 542 U.S. at 255,

260-62 (rejecting purportedly implicit ‘foreign-

discoverability rule’ that would limit the discretion

aorded district courts under § 1782); Glock, 797

F.3d at 1010 (declining to impose a restriction

unsupported by the text of §1782).”

e Court arms the District Court’s decision.

: Sergeeva v. Tripleton International

Limited, 834 F.3d 1194 (11th Cir. 2016).

EXTRADITION

S C   

    

 C; C  

  D C 

     

  C’  

    U

S

Rafael Antonio Garavito-Garcia was convicted

by the United States District Court for the Southern

District of New York on four counts: narcoterrorism

conspiracy, in violation of 21 U.S.C. § 960a;

cocaine-importation conspiracy, in violation of

21 U.S.C. § 963; conspiracy to provide material

support to a foreign terrorist organization, namely

the Fuerzas Armadas Revolucionarias de Colombia

(the “FARC”), in violation of 18 U.S.C. §§

2339B(a)(1) and (d)(1); and conspiracy to acquire

and transfer anti-aircraft missiles, in violation of

18 U.S.C. § 2332g. ese charges stemmed from

Garavito-Garcia’s participation in a conspiracy to

ship FARC-owned cocaine to Guinea-Bissau, store

it there and then ship to other locations, including

the United States; and his connections to senior

ocials in Guinea-Bissau in order to facilitate the

purchase of military-grade weapons by the FARC.

Garavito-Garcia was arrested in Colombia,

and the U.S. Government formally requested his

extradition to the United States. e Colombian

authorities ordered his extradition. Garavito-Garcia

appealed arguing that he should not be extradited

because he was in poor health. On December 26,

2013, the Colombian authorities conrmed the

extradition order and instructed the Colombian

Attorney General to obtain a medical report on

the feasibility of transferring him before he would

be surrendered. Five days after the conrmation of

extradition Garavito-Garcia suered a stroke.

On February 14, 2014, the Colombian

authorities authorized the United States to remove