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The Madagascar justice has ruled that Radu Mazare has been illegally extradited and must return there.
The Antananarivo Court of Madagascar finally ruled that Mazare was kidnapped from the Malagasy prison to be delivered to the Romanian System: There was a procedural flaw that annulled the extradition process… To return to the parties the situation prior to extradition, even if Mazare will be sent to the territory of the Republic of Madagascar.
Reversal of the situation in the case of Radu Mazăre
The Antananarivo Court in Madagascar decided definitively that the handover of the former mayor of Constanta, Radu Mazare, to the Romanian State, in order to carry out the custodial sentence in Romania, was carried out in violation of international laws and treaties. Through a decision adopted for the first time at the international level, the Antananarivo Court ordered the reinstatement in the above situation, respectively the return of Radu Mazare to Madagascar from the Romanian prison. The decision of the Antananarivo Court was pronounced on October 9, 2020, being enforceable together with the official communication of the documents to the Romanian authorities.
The Antananarivo Court decision established that Radu Mazare was kidnapped from Madagascar
According to the document obtained by luju.ro that publishes for the first time: the seizure of Radu Mazare of Madagascar by the Romanian authorities was carried out without the existence of an extradition hearing, in the absence of a judicial decision, as well as in the absence of the mandatory order of the Minister of Justice of Madagascar authorizing the surrender of the former mayor from Constanta to the Romanian State. Actually, The extraction of Mazare from Madagascar was carried out solely on the basis of an authorization issued by the Prosecutor of the Republic of Antananarivo, which cancels the entire extradition process of Mazare. Faced with this situation, the Anananarivo Court decided definitively on October 9, 2020, that based on the procedural defects committed, Radu Mazare was transferred to Madagascar.
The final decision of the Antananarivo Tribunal is based on the request of a lawyer from Madagascar, representing Radu Mazare, made on July 20, 2020, requesting that due to the seizure by the Romanian authorities of Radu Mazare of Madagascar, there was a violation of articles 105-114 of Law 2017-27 of 2018 on international cooperation in criminal matters, a violation of the provisions of art. 14 of the Law on International Cooperation in Criminal Matters and also, to verify the illegality of the documents issued by the Antananarivo Prosecutor’s Office, respectively:
– authorizations for the circulation of Romanian officials in order to extradite Radu Mazare to Romania (published on May 14 and 18, 2019);
-Extraction order of May 19, 2019 ordering the head of the penitentiary of the Central House of Antanimora to remove Radu Mazare from prison to take him to the Ivato Antananarivo International Airport in order to hand over the representatives of the Romanian State (filing mandate of May 14, 2019).
Radu Mazare was blinded by the Romanian system. Execution orders added to initial extradition request
In the action filed in courtRadu Mazare, through his local defender, also demonstrated that no official document was presented to him by which he was deprived of liberty, although, being an asylum seeker, he is under the protection of the United Nations High Commissioner for Refugees.
In addition, Radu Mazare denounced in the legal action, his extraction from Madagascar was carried out through a report prepared based on an authorization issued on May 14, 2019, although in the meantime (on May 18, 2019) a new authorization. in which a paragraph was added stating that „The extradition request from the Romanian Ministry of Justice refers to the order of preventive detention no. 1 / 10.01.2018 and the Mandate for the execution of prison sentence no. 269/2017 of 02/07/2019 ”. Details about the file can be read HERE.
Radu Mazăre: I was kidnapped and kidnapped by the authorities: “We will file complaints in the country and abroad”
Radu Mazăre considered at the time that bringing him from Madagascar was a kidnapping and seizure of him by the Romanian authorities. The brother of the former mayor of Constanța stated that he has not yet seen the necessary documents for the extradition process and that his lawyers will file complaints. “We will take some steps in Romania and in international courts”, he said.
