Google translated from Romanian
New Zealanders involved in the cocaine and methamphetamine trafficking operation set up by the Hells Angels want to be released from pre-trial detention and have so far successfully opposed the US extradition procedure. Michael Matthews Murray and Marc Patrick Johnson this week called for the replacement of pre-trial detention with a milder measure: house arrest or judicial review. The two have on their side a decision of the ECHR blocking the extradition and have also notified the Constitutional Court of Romania (CCR).
The surrender of Michael Matthews Murray and Marc Patrick Johnson to the United States – after they were caught in Bucharest while negotiating the payment of a significant amount of drugs from the Hells Angels group to New Zealand – is at an impasse at the beginning this year. Since then, the two have been in pre-trial detention in Romania and have been making requests over requests to replace the measure.
Such a request made by Michael Matthews Murray was discussed by the Bucharest Court of Appeal (CAB), on Monday, August 30. The court of first instance rejected his request, but the New Zealander will play his last “card” at the High Court of Cassation and Justice (ICCJ).
“Rejects as unfounded the request of the extraditable person Murray Michael Matthews regarding the revocation or replacement of the measure of arrest for surrender, with the measure of house arrest or judicial control. (…) With the right to appeal within 48 hours from the communication. Delivered in open court today, 31.08.2021 ”, it is shown in the CAB minute.
A similar request made by Marc Patrick Johnson is to be debated on Thursday, September 2, at CAB.
Why the two New Zealanders were not extradited to the USA
The two New Zealanders are being tried in secret, but information from the court portal shows that – almost a year after the group was disbanded and detained by DIICOT prosecutors – lawyers hired by Murray and Johnson are asking judges to rule on the law. provisional arrest warrants issued in their name.
Under extradition law, the procedure for arresting and surrendering a person to the requesting State must be carried out as a matter of urgency. However, the two were arrested on November 19, 2020 and were to be handed over to the United States only in half a year, on May 12, 2021.
This gave lawyers respite to go urgently to the European Court of Human Rights (ECHR), where Murray won the case. A few days before the surrender, the ECHR decided that the New Zealander “should not be removed from the territory of Romania”, and on May 7, 2021 the CAB found “an impediment to his surrender” to the US judicial authorities. Moreover, the decision of the ECHR is also fruitful by the defense of Marc Patrick Johnson.
As the procedure is secret, it is not very clear what legislative “loophole” blocked the delivery, but it can be deduced from the legal steps taken by Murray’s lawyers.
Excessively long duration of proceedings
On July 14, 2021, Murray’s defenders raised an exception of unconstitutionality against the Romanian legislation on extradition, and the judges notified the Constitutional Court.
More precisely, the lawyers ask the court of constitutional control to rule on the unconstitutionality of the provisions of art.52 par.3, art.57 par.5 and 6 of Law no. 302/2004 on international judicial cooperation in criminal matters.
Here is what the law criticized by Michael Matthews Murray’s lawyers says:
- 52: If the court of appeal finds that the conditions of extradition are met, it decides to admit the extradition request, while ordering the maintenance of the state of provisional arrest for extradition, until the extradited person is handed over , according to art. 57.
- 57: If the extradited person will not be taken over on the established date, he / she may be released at the expiration of a term of 15 days, counted from this date; this period may not be extended by a further 15 days. In case of force majeure, which prevents the surrender or receipt of the extradited person, the Romanian authorities and those of the requesting state will agree on a new surrender date, the provisions of art. 56 para. (3) being applicable.
In other words, the lawyers claim that if the two could not be handed over urgently to the US authorities at the end of last year, then they must be released. The RCC judges are to rule in this case.
Murray’s identity in question
Another issue that could call into question extradition – strictly in Murray’s case – is his identity.
He appears on the court portal as “Murray Michael Matthews” and is also listed on the court lists. The problem is that he is identified with passport no. NZL LT (…) issued on 03.03.2020 in the name of Murray John Matthews, a citizen of New Zealand, born on 13.10.1989.
According to the Romanian legislation on extradition, the documents of the requesting state regarding the person whose surrender is requested must contain “a copy of the applicable legal provisions or, if this is not possible, a statement on the applicable law, as well as the most precise signals of the extraditable person and any other information likely to determine his identity and nationality ”(art. 36 letter C of Law 302/2004).
