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The news at the beginning of the week was the news that, to be brought from Madagascar, the Romanian authorities had “kidnapped” Radu Mazăre, thus violating the extradition law and the law on international cooperation in criminal matters. He was referring to the Antananarivo court ruling that the procedure for the surrender of Radu Mazăre, a refugee from December 2017 in Madagascar, was illegal.
Through his lawyer, Radu Mazăre, a prisoner in the Slobozia Penitentiary, now sends a press release in which he compiles the events prior to his “kidnapping” by the Romanian authorities, and then completes the expectations he has of enter the legality of their repatriation procedures.
“On 08.05.2019, I was arrested in the Republic of Madagascar, where I was a resident and asylum seeker of the United Nations High Commissioner for Refugees.
On 05/09/2019, in the case that was the subject of file no. 2699/2/2019, the Bucharest Court of Appeal established that the legal conditions are met to request the extradition of the undersigned, in accordance with Law no. 302/2004 (Romanian law applicable on the matter), for the execution of a sentence of 9 years in prison. That same day, in the case that was the subject of file no. 4453/1/2015, the Superior Court of Cassation and Justice established the same regarding the execution of a preventive detention order.
The extradition request made by Romania, addressed to the Republic of Madagascar, was based on both Law No. 302/2004 (Romanian law), as well as on the United Nations Convention against Corruption. 105-114 of Law no. 027-2017 (Malagasy law on this matter), extradition is granted only on the basis of a final judicial decision, followed by the binding opinion of the Minister of Justice.
According to art. 71, reported in art. 56-57, of Law No. 302/2004 (Romanian law on the matter): “it is considered necessary and sufficient legal basis to deliver (take charge) of the extradited person an extract of the final judicial sentence ordering the extradition”, explains Radu Mazăre, through a lawyer in the press release.
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