Extradition (from U.S.)

• Author: International Law Group, PLLC
• Pages: 164-165

Page 164

Muhamed Sacirbey (a.k.a. Muhamed Sacirbegovic) (Applicant) was born in Sarajevo, Yugoslavia when it was under the dictatorship of Josip Broz (Tito). His family fled Yugoslavia and eventually settled in the U.S. Applicant became a naturalized U.S. citizen, qualified as a lawyer, and later worked in the financial industry. In 1992, the Republic of Bosnia and Herzegovina (Bosnia) declared its independence from Yugoslavia. The Bosnian President appointed Applicant as Bosnia's first ambassador to the United Nations.

Meanwhile, a bitter conflict had broken out in Bosnia in 1995. The government designated Applicant as the Bosnian Foreign Minister; he represented Bosnia at negotiations leading to the Dayton Peace Accords that ended the conflict. In 2000, Applicant resigned from his ambassadorial position.

An investigation of Applicant's activities during his ambassadorship allegedly revealed that he had embezzled more than $600,000, and that $1.8 million had disappeared from an account over which Applicant had signature authority. Applicant claims that this is nothing more than a political vendetta.

Nevertheless, the Cantonal Court in Sarajevo issued a Decision for Detention and an International Arrest Warrant for Applicant. In 2002, Bosnia formally requested his extradition from the U.S., pursuant to an extradition treaty between the U.S. and Serbia dating back to 1902. See Treaty for Mutual Extradition of Fugitives from Justice, U.S. -Serbia, art. 1, March 7, 1902 [32 Stat. 1890; T.S. 406; 12 Bevans 1238.] Bosnia is allegedly the successor state to the Kingdom of Serbia. "Embezzlement by public officers" is one of its extraditable offenses (Article II). The Treaty, however, does not require the parties to extradite their respective citizens (Article V).

The U.S. Department of State may permit international extradition of U.S. citizens who otherwise are within the scope of the relevant extradition treaty. See 18 U.S.C. § 3196. Here, the U.S. Department of State apparently used this discretion to authorize Applicant's rendition.

In 2003, the U.S. Department of Justice filed a 'Complaint for Arrest with a View Towards Extradition' of Applicant in a New York federal court. The authorities arrested Applicant and detained him for more than a year.

A Magistrate Judge granted the extradition request in 2005. The District Court denied Applicant's later petition for a writ of habeas corpus. This appeal ensued. Over a dissent, a panel of the U.S...