Montenegro Court Nullifies Terra Founder Do Kwon’s Extradition Decision

In a recent turn of events, the Appeals Court of Montenegro has overturned the high court’s decision approving the extradition of Terra founder Do Kwon to the U.S. or South Korea. Meanwhile, the legal saga surrounding Kwon, initially detained over falsified document charges, has taken a new direction.

Notably, this reversal highlights the intricacies of international legal battles and the complexities surrounding the high-profile cryptocurrency entrepreneur.

Latest Twist In Do Kwon’s Extradition Decision

In a recent development, the Montenegro Appeals Court made a decisive move by accepting the appeal of defense attorneys for Do Kwon. The court annulled the earlier decision of the Higher Court in Podgorica, which had approved the extradition of the Republic of South Korea citizen to face criminal charges in both South Korea and the United States.

Meanwhile, the Higher Court’s initial decision, dated November 17, 2023, determined that the legal prerequisites for Do Kwon’s extradition had been met. However, the Montenegro Court, upon reviewing the appeal, identified a significant violation of criminal procedure provisions, leading to the decision’s cancellation. Notably, the panel highlighted a lack of clear reasons for decisive facts, a flaw that prompted the retrial order.

For context, Kwon, former CEO of Terra, faced arrest and imprisonment in Montenegro on charges related to falsified official documents. Both the U.S. and South Korea sought his extradition for his alleged involvement in the collapse of Terraform Labs, a multi-billion dollar crypto enterprise, in May 2022.

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A Closer Look Into The Report

The Appeals Court, in its detailed explanation, pointed out that the decision to postpone Do Kwon’s extradition due to a prison sentence had been incorrectly handled by the Higher Court. In addition, the Court clarified that such determinations fall under the exclusive jurisdiction of the Minister of Justice, not the court overseeing the extradition process. This violation was deemed significant, contributing to the decision’s revocation.

Additionally, the Appeals Court criticized the High Court for not adhering to Article 16, paragraph 8 of the Law on International Legal Assistance in Criminal Matters. According to the latest notice, the investigating judge’s failure to promptly inform Do Kwon of the extradition reasons and invite him to present his defense was identified as a clear breach of legal procedures.

So, considering the recent developments, if the extradition eventually gains approval in subsequent court proceedings, the ultimate decision rests with Montenegro’s Minister for Justice. The unfolding legal drama adds an extra layer of suspense to Kwon’s future, underscoring the intricate intersection of law, crypto regulation, and international jurisdiction.

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