As one of the many methods applicable by the defense of the former president of Ricardo Martinelli, after suffering a setback in the federal court of Miami when considering his application for extradition by the government of Panama applicable, was present a statement to postpone for thirty days the process of delivery to the State Department.
However, US Attorney Benjamin Greenberg issued a "recommendation" to the defense stating that the Secretary of Stated would file a habeas corpus and asked Martinelli to take note of the steps in the extradition process, including the government's position regarding the client's needs in challenging the decision of Judge Edwin Torres, responsible for bringing the extradition case.
The prosecutor explains that once the extradition certificate is issued, the Secretary of the State Department proceeds to determine whether to deliver the fugitive to the "requesting State", which in this case represents the authorities of Panama.
Once the official decides after the certification to deliver the fugitive and, if extradition is granted, normally the fugitive is delivered within two calendar months of the issuance of certification.
Martinelli's lawyers announced they would submit the brief to the Atlanta Court.
This remedy that will be presented will only be viable to know if the magistrate had jurisdiction to adjudicate, if the imputed crime is within the treaty signed by both countries and if there was some evidence that justified the conclusion that there were reasonable grounds to believe that the accused is guilty.
If the habeas corpus is specified, the clerk will suspend the review in question and resume the review only if the district court denies the request. Therefore, the secretary will proceed with his decisions if the appeal is not filed.