How effective can a binding extradition treaty be when the sovereignty of a nation matters?

Apr 19, 2010 Letters

Dear Editor,

There seems to be a looming diplomatic dilemma forming between Jamaica and the United States of America (USA). The heightened diplomatic tensions are as a result of the Jamaican Prime Minister Mr. Bruce Golding’s reluctance to hand over Mr. Christopher ‘Dudus’ Coke to the American authorities.

The Americans are claiming that ‘Dudus’ is wanted in connection with a number of narcotics and gun running charges.

For those of you who do not know Christopher ‘Dudus’ Coke, he resides in West Kingston, a parliamentary constituency of Mr. Golding. Tivoli Gardens where ‘Dudus’ is based is an area that is arguably the nerve centre for the ruling Jamaican Labour Party (JLP). This man, wanted by the United States Government, is very powerful and influential in West Kingston and a few other areas. Many feel or fear that if he is extradited, it can spark severe retaliation from the many who apparently benefit from this ‘Area Don’.

Jamaican Justice Minister Ms. Dorothy Lightbourne has so far refused to sign the extradition order that allows the Jamaican courts to decide on whether or not the Americans have established a prima facie case against Mr. Coke, and if so rule on extradition. However Mr. Golding continues to use the argument that he is merely protecting the rights of a Jamaican citizen as one of the main reasons for his government’s refusal to hand over Mr. Coke. The thing is that many Jamaicans do not buy that argument, especially since several other Jamaicans have been handed over to the US authorities over the last few years for lesser crimes than the ones Mr. Coke is accused of allegedly committing.

Despite the Prime Minister’s refusal to hand over Mr. Coke, the Americans have not budged regarding their stated interest in this leading Jamaican crime figure. It has now been a year and a half since the American authorities have requested the extradition of Mr. Coke from the Jamaican.

This ought to sound all too familiar to Guyanese. In a time gone by, some of the legal luminaries in Guyana ensured that no citizen was handed over to any foreign authority especially the USA. It would have been illegal to do so since Guyana never had a binding extradition treaty with the USA. And also being able to capture some of the great crime lords in Guyana has proven to be an insurmountable task for the Guyana Police Force.

Today, however, there has been a favourable amendment to the Fugitive Offenders Act of 1988. Guyana can now extradite persons wanted by the USA. However just like Jamaica, the Minister of Home Affairs in Guyana has the last say. And so we have the case of Barry Dataram as a constant reminder of how ineffective laws can be when the perpetrators are of seeming interest to the law makers.

The Jamaicans are bracing themselves for the diplomatic backlash that will follow as a result of Mr. Golding’s inaction. To date, a few prominent Jamaicans have had their American Non Immigrant Visas revoked starting with Billionaire Supermarket Tycoon Mr. Wayne Chen. More visa revocations are likely to follow.

One must ask the question, “How effective can a binding extradition treaty be when the sovereignty of a nation matters?”

Richard Francois

Dubai, UAE

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