|
Costa Rica - U.S. Extradition
Laws And Gary Kaplan and
Sportsbooks
One doesn't have to be a brain
surgeon to understand the laws
of extradition between
countries. All one has to do is
go to Google and search for the
extradition treaty between Costa
Rica and the United States
signed at San Jose December 4,
1982 and entered into force
October 11, 1991.
The treaty is clear on both
sides desiring to provide for
more effective cooperation in
the repression of crime.
If one believes that he can
murder his wife in the US and
set up a beach house on the
Pacific Coast, for example, to
serve as refuge for the rest of
his life he is mistaken. Even
Costa Rican citizens must
realize that they also can be
punished for crimes committed in
the US.
For one to say that bookmaking
is legal in Costa Rica, and
therefore I am exempt from any
charges made by the US is
ridiculous.
The treaty clearly states that a
national cannot be extradited if
it is stated so in the
constitution of the requested
country. However, that does not
free him from the penal
responsibility of that crime.
If it is decided during an
extradition hearing that a Costa
Rican citizen could be guilty of
a crime done in the US, or
against the US, the government
of Costa Rica will ask the US
for all supporting evidence and
documents to proceed with a
trial here in Costa Rica, and if
found guilty will be punished by
imprisonment in Costa Rica.
If anyone thinks that Costa Rica
is the wild, wild west they have
another thing coming.
Not too long ago we had two
ex-Presidents in jail at the
same time and one still refusing
to return to Costa Rica after
being by a legislative
commission to answer questions
on his finances.
Laura Chinchilla, who is one of
the most brilliant lawmakers and
legislators the country has ever
known is now first
vice-president and holds the
Minister of Justice portfolio as
well.
Hillary Clinton could only hope
to keep stride with here, and if
there will ever be a woman
President of Costa Rica, she
will be it.
She's also a politician and
diplomat, and all of the
statements that she has made to
the press regarding the
sportbooks and more
particularly, BETonSports.com
founder, Gary Kaplan, were meant
with the intention of upholding
the law, but as a brilliant
attorney, she implies that
everyone is entitled to due
process, and every matter must
be addressed legally through the
local and International courts.
If the United States files an
extradition request on Gary
Kaplan I'm sure it will be taken
up in the courts accordingly,
and if they (the US) shows
proper reason and a good case
for his extradition, Costa Rica
will respect it.
However, there is one catch.
Usually the charges that the
extradited person will
ultimately be tried for back in
the US are determined in the
extradition court.
If one is charged with murder
for example, and Costa Rica
allows extradition it will be
only be under the condition that
the death sentence will not be
imposed, as there is no death
sentence in Costa Rica.
If in the extradition court the
US and Costa Rica agree that
Gary Kaplan will only be charged
with money laundering for
example, than that will be what
he will be tried for back in the
States after extradition.
Furthermore, the US must forward
timely reports to the Costa
Rican court as to the
disposition and outcome of the
case.
Now all of this is a moot point
if Mr. Kaplan is not in Costa
Rica. Mr. Kaplan's whereabouts
are unknown. Some reports
indicate that he is still in
Costa Rica, while some like to
believe that he fled to Israel.
Costa Rican immigrations
officials have no record of
Kaplan leaving Costa Rica.
Border controls have never been
a obstacles for fugitives in the
past, where they have been able
to quietly slip out of Costa
Rica undetected.
|
|
