The High Court in Podgorica could decide whether the Terraform co-founder is sent to the United States or his native South Korea to face criminal charges.
The Supreme Court of Montenegro has annulled a decision from the country’s lower courts affecting the extradition of Terraform Labs co-founder Do Kwon to either the United States or South Korea.
In an April 5 notice, Montenegro’s Supreme Court said it had approved a request for a protection of legality against a lower court decision that would have allowed Kwon’s extradition to South Korea. Prosecutors who made the request argued that an appellate court violated procedure in rejecting an appeal from Kwon’s legal team, placing the final decision on the Supreme Court.
“In a situation where it is a matter of competing requests from two states for the extradition of the same person, and not a conflict of requests for the extradition of the same person, as found by the lower courts, the court’s obligation is to determine, in accordance with its powers, whether the legal conditions for extradition have been met the defendant in relation to each petition individually, after which the competent minister, not the court, decides on the permission and order of priority of extradition,” said the ruling.
