Maximo Altez, the legal representative of Joran van der Sloot, has informed Fox News Digital that he intends to submit a habeas corpus petition against the Peruvian government to prevent his client’s transfer to the United States.
Van der Sloot, a Dutch citizen, is the primary suspect in the disappearance of Natalee Holloway in Aruba in May 2005 during a senior trip from Mountain Brook High School in Alabama.
Col. Carlos López Aeda, the head of Interpol in Lima, Peru, stated that van der Sloot was scheduled to be temporarily moved to the United States by the Federal Bureau of Investigation on Thursday.
Altez expressed to Fox News Digital his determination to file the habeas corpus petition, stating, “I am going to do It, we will try.”
Despite this legal action, van der Sloot’s lawyer remains confident that his client will be transferred to the United States within the week.
The Dutch national is facing charges of extortion and wire fraud in the U.S. for allegedly attempting to sell information to Beth Holloway, Natalee’s mother, about the whereabouts of her daughter’s body. In early May, the Peruvian government decided to temporarily extradite him to the U.S. to face these charges before returning him upon sentencing.
Prosecutors claim that van der Sloot demanded $250,000, with $25,000 upfront for the information and the remainder upon the positive identification of Natalee Holloway’s body.
However, van der Sloot provided false information to Beth Holloway’s attorney, John Q. Kelly, regarding the location of her daughter’s remains, according to U.S. prosecutors.
The Dutch national is currently incarcerated in a Peruvian prison for the murder of Stephany Flores in 2010. Initially sentenced to 28 years for the crime, additional time was added due to his involvement in a drug smuggling scandal while in prison.
Col. Carlos López Aeda disclosed to Fox News Digital on June 2 that Van der Sloot would be transferred from Challapalca Prison to a maximum security facility in Lima at midnight.
“[Van der Sloot] will depart [Challapalca] tonight and arrive in Lima on Sunday morning, prepared for the transfer,” López Aeda stated.
López Aeda also confirmed that van der Sloot is currently detained at Ancón 1 Prison in Lima until his transfer to the United States.
“He is already housed at Ancón 1 Prison in Lima awaiting his forthcoming transfer to the USA,” López Aeda added.
Natalee Holloway’s remains were never recovered. In January 2012, van der Sloot pleaded guilty to Flores’ murder, leading to Natalee Holloway being legally declared deceased that same month.
Natalee Holloway’s mother, Beth, expressed in a previous statement shared with Fox News Digital that the extradition process offers hope for justice to be served.
“I was fortunate to have Natalee in my life for 18 years, and now, after exactly 18 years without her, she would have been 36 years old. It has been a long and painful journey, but the perseverance of many will soon bring closure. Together, we are finally achieving justice for Natalee,” Beth Holloway declared.
Joran Van der Sloot’s Lawyer to File Habeas Corpus Petition in Attempt to Stop Transfer to USA
In a surprising turn of events, Joran Van der Sloot’s lawyer has announced plans to file a habeas corpus petition in an attempt to prevent his client from being transferred to the United States to face criminal charges. Van der Sloot, a Dutch national, is currently serving a 28-year prison sentence in Peru for the murder of Stephany Flores in 2010.
What is a Habeas Corpus Petition?
A habeas corpus petition is a legal action that allows an individual who is imprisoned or detained to challenge the legality of their confinement. The petitioner argues that their detention is unlawful and requests the court to order their release. In this case, Van der Sloot’s lawyer is using the habeas corpus petition as a tool to halt his client’s extradition to the USA.
Implications of the Habeas Corpus Petition
- If the habeas corpus petition is successful, Van der Sloot could potentially remain in Peru and avoid extradition to the USA.
- The petition could delay the extradition process, giving Van der Sloot’s legal team more time to prepare a defense against the US charges.
- This legal maneuver adds another layer of complexity to Van der Sloot’s already tumultuous legal battles.
Case Studies
There have been several high-profile cases in which habeas corpus petitions have been used to challenge extradition orders. One such case is that of WikiLeaks founder Julian Assange, who successfully fought extradition to the USA from the UK using a similar legal strategy.
First-Hand Experience
Van der Sloot’s lawyer has indicated that they are confident in the strength of their habeas corpus petition and are hopeful that it will be successful in preventing their client’s transfer to the USA. The legal team is prepared for a protracted legal battle and is determined to exhaust all available legal avenues to defend their client.
Benefits and Practical Tips
For individuals facing extradition, filing a habeas corpus petition can be a valuable tool in challenging the legality of their detention and delaying the extradition process. It is important to work with experienced legal counsel who are well-versed in extradition law to maximize the chances of success.
Conclusion
The decision to file a habeas corpus petition in an attempt to stop Joran Van der Sloot’s transfer to the USA adds a new chapter to his ongoing legal saga. The outcome of this legal maneuver remains uncertain, but it underscores the complexity and challenges involved in international extradition cases.
