Fiscal General
Intervenes In
Extradition Of US Woman
Nicole Elsie Kater has
found a new ally in her
quest not to be
extradited back to the
United States after she
fled from California, in
the middle of a custody
battle, contrary to a
judicial order.
Costa Rica's Fiscal
General (Chief
Prosecutor), Francisco
Dall’Anese, filed
yesterday a writ of
habeas corpus in favour
of the woman with the
Sala IV (Constitutional
Court).
Dall'Anese is asking the
judges to set aside the
extradition order,
saying that the Tribunal
de Casación Penal have
violated the woman's
rights and rehear her
case.
Kater claims that she is
a victim of domestic
violence and came to
Costa Rica in 2005 to
flee the abuse, saying
that she had the
permission of the father
to bring their child to
Costa Rica, who later
charged her with
parental kidnapping.
The Fiscal General is
asking that the case be
sent to the Juzgado de
Puntarenas to resolve
the case.
Kater has been residing
in the women's prison,
El Buen Pastor, in San
Jose, since April 22,
when police acted on the
request of the US
warrant.
In September the
Direccion de Migración
(immigration service)
denied Kater a claim for
refugee status, the case
landing in the lap of
the ministra Janina del
Vecchio, with no
resolution.
On September 18, the
Tribunal Penal de
Puntarenas rejected the
extradition order
arguing that both Kater
and her daughter entered
the country legally.
However, on December 17,
the Tribunal de Casación
Penal de San Ramón,
ordered Kater extradited
within two months,
following an appeal by
lawyer José Enrique
Castro.
"The American Convention
on Human Rights provides
for the right of any
accused to appeal or
contest the ruling
against him before a
court of higher rank",
said Dall'Anese to
press.
It is rare for the
Fiscal General to be
involved in such cases.
This will be the second
time that Dall'Anese
goes head to head with
US Department of
Justice. The first being
earlier this year
(April) when the Fiscal
General was detained by
immigration officials in
Miami, Florida, when he
was travelling to the US
to interview a witness
in the ICE-Alcatel
corruption case.
See story.
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