Text 9039, 151 rader
Skriven 2010-07-07 18:32:38 av Roy Witt (1:387/22)
   Kommentar till text 8991 av Michiel van der Vlist (2:280/5555)
Ärende: Extortion?
==================
07 Jul 10 10:34, Michiel van der Vlist wrote to Roy Witt:

 MvdV> Hello Roy,

 MvdV> On Tuesday July 06 2010 18:14, you wrote to me:

 RW>>>> None required when you have the evidence. Recording of the
 RW>>>> 'demand' and 'payment' transaction, receipt of money via wire and
 RW>>>> cash in hand. And then of course there are the witnesses at hand.

 MvdV>>> Recorded during a covert operation outside US territory.
 MvdV>>> Inadmissible in court.

 RW>> What say thee!? It wasn't recorded in Aruba, but the US.

 MvdV> Recorded in a hotel room in Aruba.

OK...then:

"I want to applaud the FBI's work on this case," said U.S. Attorney Joyce
White Vance. "The FBI worked diligently, and in association with Aruban
authorities, to investigate and gather evidence in this matter. ...
Because of the agents' dedicated efforts, we are able to bring charges
against someone who sought profit in a mother's grief."

Apparently the recording was with the consent of the Aruban authorities,
thus not illegal.

 RW>>>> The crime was an offense commited on a US citizen by wire,

 MvdV>>> As I wrote before, in most countries the nationality of the
 MvdV>>> victim is irrelevant.

 RW>> Says a whole lot about victims rights, eh...

 MvdV> Your opinion is irrelevant.

As it seems, so is yours. (see above)

 MvdV> The USA is alone in their position that the victim's nationality is
 MvdV> a determining factor for jurisdiction.

LOL! Apparently not, according to the Aruban authorities with whom the FBI
worked with in getting the evidence from/on Joran.

 MvdV>>> That is... unless the treaty between Peru and The Netherlands
 MvdV>>> that allows convicts to do their time in a prison in their own
 MvdV>>> country, gets signed.

 RW>> They'd have to have a retro-active clause in it to waive extradtion
 RW>> to another country where he commited another crime. That means that
 RW>> the extradtion treaty with that country must also either have a
 RW>> retro-active clause in it, or be re-negotiated.

 MvdV> Wrong. Extradition for an an alleged crime committed in another
 MvdV> country does not take precedence over the execution of the crime
 MvdV> that the subject is convicted for.

Immaterial now! "When this (attempted extortion) was reported to (Aruban)
authorities, they were skeptical that any new details would be obtained.
However, they realized that once van der Sloot accepted the money, he
could be charged and extradited back to the U.S."

Kinda kills your arguement in favor of the murdering SOB going home
anytime soon.

 MvdV> If Peru and The Netherlands come
 MvdV> to the agreement that Joran van der Sloot can spend the remainder
 MvdV> of his time in a Dutch prison, that is what will happen, whether
 MvdV> the US likes that or not.

Keeping the info provided above in mind; are you sucker enough to bet that
he'll ever make it back to Aruba or the Netherlands?

 MvdV>>> The Netherlands has many such treaties with many countries. Du

 RW>> Big deal.

 MvdV> It is indeed a big deal. It allows convicts to choose the country
 MvdV> where they will do their time. Choosing between a Dutch prison and
 MvdV> a prison in Peru is not all that hard a decision...

Unfortunately for you, the baloon has burst and has now dropped to earth.

 MvdV>>> tch citizens that were convicted in Thailand have been
 MvdV>>> allowed to do their time in a Dutch prison. Since JVDS will be
 MvdV>>> in Peru for a long time, there is a fair chance there will be
 MvdV>>> such a treaty before his sentence is finished.

 MvdV>>> And then he will be in The Netherlands...

 RW>> See above.

 MvdV> See above.

LOL! See above.

 MvdV>>> Well... Peru is a banana republic where the separation between

 MvdV>                 ^^^^^^^^^^^^^^^^^^^^^^^^^

 MvdV>>> the executive and judicial branches does not seem to be so
 MvdV>>> strict.

 RW>> You're overlooking the fact that Peru is a banana republic.

 MvdV> You are overlooking the fact that Peru is a banana republic.

See next line.

 RW>> They can pretty much do as they wish.

 MvdV> And so they can tell the US to shelve it where the sun don't shine
 MvdV> when they file an extradition request.

Or they can tell Aruba or the Netherlands the same thing. They don't even
have to work with anyone if they don't want to. Not even the UN can save
him if they want to make him an example.

 MvdV>>> So maybe some "diplomacy" may have some effect on the court's
 MvdV>>> decision.

 RW>> It won't be diplomacy that sways the prosecution...it'll be a
 RW>> negotiated deal between two prosecutoral peers.


 MvdV> The decision does not lay with the prosecution, the decision lays
 MvdV> with the court.

Most of the worlds courts rely on the prosecution to work out the case so
that if it can be decided without going to court, they'll be happy to
oblige.


 MvdV>>> But then if that works, the Dutch can do the same and try
 MvdV>>> to influence the court in favour of allowing him to do his time
 MvdV>>> in a Dutch prison. And the Dutch are better in diplomacy.

 RW>> If you and Joe are prime examples of that, I doubt the success of
 RW>> Dutch deplomacy will succeed at all...

 MvdV> Your doubt has no influence on the outcome.

Nor does your enthusiasm to save the guilty and denial of how it will
be...

                R\%/itt

 "Peltier was responsible for the close range execution of FBI agents..."
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