Terra’s Do Kwon Wins Extradition Appeal in Montenegro, Avoids U.S. Charges

cryptonews.com:

Do Kwon, the founder of Terraform Labs, has received a legal reprieve as a Montenegro court overturned a previous ruling for his extradition to the U.S.

The Appellate Court of Montenegro overturned the extradition decision made by a court in Podgorica, sending the case back for retrial. 

Following a panel meeting on March 5, 2024, the Appellate Court of Montenegro announced its ruling, which granted the defense attorneys’ appeal and overturned the decision to deport Do Kwon. The court nullified the previous decision of the High Court in Podgorica and returned the case for retrial and decision at the first instance.

This ruling comes after the Appellate Court of Montenegro had previously canceled Kwon’s extradition approval to either the U.S. or South Korea in December 2023, leading to the case being sent back to the Podgorica Basic Court for retrial. The High Court of Podgorica had earlier determined the legal requirements for Kwon’s extradition to the United States for criminal prosecution while denying extradition to South Korea in November 2023, leaving the final decision to the Minister of Justice of Montenegro.

The Appellate Court cited “significant violations of the provisions of criminal procedure” as the basis for overturning the previous decision. It specifically mentioned the lack of “clear and valid reasons” for crucial data in the extradition request letter.

Moreover, the court noted that the Podgorica court failed to properly link a document with its attachments and evaluate it in accordance with the provisions of the Law on International Legal Assistance in Criminal Matters. This law outlines the procedures for handling requests for international legal assistance from foreign judicial authorities,