Lawyers bid to block Noriega extradition to France
05 Sep 2007 19:04:48 GMT Source: Reuters
(Adds suspension of extradition order, paragraphs 4 and 11) By Tom Brown MIAMI, Sept 5 (Reuters) - Lawyers for former Panamanian strongman Manuel Noriega moved on Wednesday to block his extradition to face money laundering charges in France when his long Florida prison sentence ends on Sunday. In papers filed in U.S. District Court in Miami, the lawyers challenged the extradition approved last week on grounds that it violated the Geneva Conventions and the protections awarded Noriega as a "prisoner of war" following the 1989 U.S. invasion of Panama. The same argument has already been rejected by two judges, clearing the way for Noriega's U.S.-backed extradition to Paris. But Senior U.S. District Court Judge William Hoeveler temporarily suspended the extradition order nonetheless, while he gave Noriega's lawyers another chance to argue their case. In the court filings, Noriega's lawyers claimed the U.S. government had intended to sneak Noriega out of the United States ahead of his scheduled release on Sunday from the Florida prison where he has been held since his conviction on U.S. drug smuggling and racketeering charges in 1992. Frank Rubino, Noriega's lead attorney, said U.S. authorities had secretly planned to move up Noriega's release because they were aware of the imminent appeal against his extradition. "They knew we were going to file (an appeal) Friday morning," Rubino told Reuters. "They were going to sneak him out in the middle of the night Thursday night so when we filed it Friday morning he'd be over the Atlantic somewhere." "Under the constitution, everyone is entitled to exhaust their appellate remedies. The government was trying to avoid all that by just throwing him on a plane and sneaking him out of the country." CHARGES IN PANAMA A spokeswoman for the U.S. Attorney's Office for the Southern District of Florida said the government would respond to Rubino's allegation in its own filing with the court. She declined further comment. In his ruling, Judge Hoeveler cited Rubino's claim about Noriega's earlier-than-expected release as one of the reasons to grant a temporary stay of the extradition order. He gave attorneys for both Noriega and the U.S. government until Thursday to respond to several queries affecting the possible outcome of the case. In their appeal, Rubino and his co-counsel Jon May argued that Noriega's POW status under the Geneva Conventions meant that he should be immediately returned home when his U.S. sentence ends. They also contend that France had indicated it would treat the 73-year-old Noriega, who once ruled Panama as his personal fiefdom, as a common criminal. "If in fact General Noriega is treated like a common criminal his life could be in jeopardy. He could be subject to acts of harassment and humiliation prohibited by the (Geneva) Convention," the appeal says. Noriega faces far more serious charges in Panama than in France. He has been convicted in absentia in his homeland of murder and human rights violations, including the 1985 beheading of Hugo Spadafora, an outspoken opponent. Rubino has said Noriega wants to go home to clear his name, however, and recent reforms of the penal code in Panama meant that Noriega would likely serve out the 20-year prison term awaiting him there under house arrest, because he is more than 70 years old. In France, meanwhile, where he has been convicted in absentia of using drug money to buy three luxurious Paris apartments, Noriega could face another 10 years in prison. He would face an automatic retrial there if extradited.
