The Supreme Court sends back application filed by defence counsel of Deniss Calovskis; decision on admissibility of extradition may not be appealed
7 January, 2015
On 7 January, the Department of Criminal Cases of the Supreme Court sent back to the applicant, sworn advocate Ilona Bulgakova, the application on new review of the decision of the Chamber of Criminal Cases of the Supreme Court of 31 January 2013 due to significant violation of substantive or procedural law provisions, as review of an application does not fall under jurisdiction of the Supreme Court.
It follows from the law that it is possible to re-examine rulings, which may be appealed under cassation procedure. Extradition of an individual to a foreign state is regulated by the Chapter 66 of the Criminal Procedure Law. Provisions of this Chapter of the law stipulate that decision of the Prosecutor’s General Office on admissibility of extradition may be appealed to the Supreme Court and decision of the court may not be appealed against, namely, decision of the Chamber of Criminal Cases of the Supreme Court of 31 January 2013 on admissibility of extradition of D.Calovskis to the United States of America may not be appealed against.
When responding to a request of the defence counsel to postpone or to suspend enforcement of the decision, the Supreme Court replied that in accordance with Section 669 of the Criminal Procedure Law the Supreme Court may postpone or suspend enforcement of a decision, if it accepts an application for review, which does not occur in this case.
The sworn advocate Ilona Bulgakova filed an application and materials annexed to it in total on 28 pages to the Supreme Court on 5 January.
Information prepared by Baiba Kataja, the Press secretary of the Supreme Court
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