- Do Kwon has a second extradition attempt overturned by the Appellant Court.
- The Appellant Court cited procedural violations blocking the High Court’s extradition order.
- The case is returned to the High Court for re-trial.
Terraform Labs co-founder Do Kwon continues to wage a twisting legal battle across borders as prosecutors pursue extraditing him from Montenegro to face criminal charges relating to the Terra ecosystem implosion in May 2022.
The saga saw Montenegro’s Appellant Court overturn the High Court’s extradition ruling on December 19, 2023, only for the High Court to re-rule that the extradition ruling stands. However, on February 8, the Appellant Court again sided with Do Kwon by overturning the High Court’s second extradition order.
Do Kwon Evades Justice Once More
The Appellant Court accepted Do Kwon’s appeal, overturning the High Court’s second extradition approval ruling from December 29. The case is now returned to the High Court for retrial.
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The Appellant Court ruled that the High Court had made “significant violations of the provisions of criminal procedure” in approving Do Kwon’s extradition. Specifically, it was noted that the High Court’s ruling was compromised by incomprehensible wording and lacked clear justification based on the facts in violation of Criminal Procedure Rules.
Criminal Procedure Rules Article 386, item 8 states that criminal proceedings are substantively violated if the judgment is incomprehensible or contradictory, while item 9 clarifies that judgments must be made on clear, decisive facts.
Complicating matters further, the Appellant Court also deemed that established extradition procedures under the International Legal Assistance in Criminal Matters law were disregarded.
Extradition Rules Not Followed
The Appellant Court stated that the High Court neglected key procedures in Montenegro’s International Legal Assistance in Criminal Matters law, establishing the country’s extradition protocol.
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Prosecutors opted to pursue a shortened extradition process for Do Kwon’s case. This fast-tracked approach tasks the overseeing court, rather than the Justice Minister, with ruling on extraditions per Article 29. Yet, the December 29, 2023, ruling was made by the Justice Minister.
Additionally, the High Court did not specify the order in which extradition requests from South Korea and the US arrived. Article 26 states that when several countries request to extradite the same person, the order in which the extradition requests were made is a factor in deciding which country is granted extradition.
On the Flipside
- Do Kwon‘s alleged frauds were estimated to have lost investors $60 billion.
- Terraform Labs’ former CFO Han Chang-joon was extradited to South Korea from Montenegro on Feb 5.
- The US SEC recently delayed its prosecution of Do Kwon to Jan 29, but successful extradition appeals have brought uncertainty on whether the case can proceed.
Why This Matters
While Do Kwon has achieved a second extradition reversal, criminal cases against him continue in Korea and the United States. Consequently, further delays in his extradition, particularly based on legal technicalities, are ultimately futile.
Read about South Korea’s criminal hearing into Terraform Labs here:
Do Kwon Faces Strengthened Allegations as ex-Terra Dev Testifies
Find out more on the return of bullish market sentiment here:
Crypto Market Bull Run Returns With $51B Boost
