The Supreme Court of Montenegro postponed the extradition of Terra (LUNA) founder Do Kwon to South Korea upon the request of the Supreme State Prosecutor's Office (VDT).
The decision was taken by a judicial panel headed by Judge Seka Piletić, pending a decision on the legality of the decisions taken by the Supreme Court and the Court of Appeal in Podgorica.
In the statement made by the Supreme Court of Montenegro, it was said, “At today's session, the delegation decided to postpone the implementation of the decisions of the Supreme Court in Podgorica and the Montenegrin Court of Appeal until the Supreme Court makes a decision on the Request for the Protection of Legality, which will be made within the legal period.”
VDT filed a Request for Preservation of Legality on August 2, 2024, challenging the legality of the Supreme Court and Court of Appeals decisions allowing the extradition of Do Kwon to South Korea. VDT's action came a day after the Court of Appeals upheld the Supreme Court's decision approving Do Kwon's repatriation. The decision effectively stopped the police and the Ministry of Justice from immediately carrying out the extradition.
VDT requested the Supreme Court to review whether the decisions of the Supreme Court and Court of Appeals were in accordance with the law, specifically the International Mutual Assistance in Criminal Matters Act. VDT also requested that Do Kwon's extradition to the United States be blocked, as the court found that the conditions for his extradition to South Korea had been met.
Do Kwon's defense attorney Goran Radić had previously stated that they expected Do Kwon to be extradited to South Korea in the coming days in accordance with the final court ruling. Criticizing the delay, Radić said that the final ruling should not be overturned unless there was an abuse of power, adding that there was no legal basis to delay the execution.
Radić also highlighted a number of inconsistent legal decisions in Do Kwon's extradition case. The Supreme Court first noted that when it decided to extradite Kwon to the United States, the prosecution did not object. However, after this decision was overturned due to misinformation provided by the Minister of Justice, the Supreme Court approved the extradition to South Korea, prompting the prosecution to develop a new legal argument.
Radić also stated that the case gave rise to seven different judicial decisions, calling it a judicial embarrassment and praising the Court of Appeal for its consistent and lawful decisions.
Kwon was awaiting extradition from a detention center for foreigners in Montenegro after being arrested with a fake passport at Podgorica Airport in March 2023.
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