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Extradition from Serbia may be requested under the European Convention on Extradition, signed on December 13, 1957 in Paris and its additional protocols, signed in Strasbourg on October 15, 1975 and March 17, 1978 and ratified by Romania under Law 80/1997, the Justice Ministry reported on Friday.
The ministry's statement came after former MP Sebastian Ghita was tracked down and detained by the Police in Belgrade on Thursday night.
"Extradition is regulated under Title II, Chapter II of Law 302/2004 concerning cooperation in extradition and judicial assistance in criminal matters, as subsequently amended, supplemented and recast. Extradition from Serbia may be requested under the European Convention on Extradition, signed on December 13, 1957 in Paris and its additional protocols, signed in Strasbourg on October 15, 1975 and March 17, 1978 and ratified by Romania under Law 80/1997," the ministry says in a press statement.
In this case, extradition is special because it regards an intentionally wanted person who has taken refuge in another county with the intent of eschewing criminal prosecution, standing trial or serving a court sentence.
The ministry is entitled to request the extradition from a foreign country of an internationally wanted person whose localisation in that country or apprehension for extradition from the requested state has been confirmed.
"Under Article 66 in Law 302/2004, as soon as the court issuing the pre-trial warrant is informed about the localisation in a foreign country of an internationally wanted person or wanted by Romania's judiciary authorities, it shall establish under a reasoned resolution whether or not the legal requirements are met for the request of extradition. The Justice Ministry shall fulfill its legal duties under the law after receiving a final court resolution accompanied by the relevant documents and the applicable international instruments," the statement says.
The ministry says that extradition applications are dealt with under the legislation of the required state.
Interior Minister Carmen Dan on Friday confirmed that Ghita was in the custody of the Belgrade Police, which were conducting specific procedures.
"I can confirm that Sebastian Ghita is now at the headquarters of the Belgrade Police, which are conducting specific procedures. Last night, he and his brother were stopped by Serbian Police and asked for an ID. The brother produced genuine identification papers, while he produced a faked ID. The procedure was conducted based on intelligence from the Romanian Police," Dan told Romania TV private broadcaster.
