BELMOPAN: GOB RESPONSE TO SEAWELL EXTRADITION REQUEST

UNCLAS BELMOPAN 000492 SIPDIS SENSITIVE SIPDIS FOR WHA/CEN, L JUSTICE VFOR P. PETTY E.O. 12958: N/A TAGS: PREL KTIA BH SUBJECT: BELMOPAN: GOB RESPONSE TO SEAWELL EXTRADITION REQUEST ¶1. (U) This is an action request. See para 5. ¶2. (U) In response to Embassy's formal request for an update on the Seawell Extradition request, the following diplomatic note from the Ministry of Foreign Affairs was received August 3, 2007. ¶3. (U) TEXT OF DIPLOMATIC NOTE NO. 495 COMPLIMENTARY OPENING The Ministry of Foreign Affairs and Foreign Trade wishes to inform the Embassy of the United States that the extradition proceeding for Mr. Mark Seawell has commenced before the Chief Magistrate and the bundle of evidence supporting the extradition has already been tendered. The Attorneys for Mr. Seawell requested time to respond and the matter was adjourned to 7 May 2007. However, on 11 April 2007, an Attorney for Mark Seawell wrote to the Minister of Foreign Affairs requesting that he halt the extradition proceedings in Belize because the United States Government was in breach of Article 16(1) of the Treaty when they refused to allow Mr. Duane Seawell to return to Belize to stand his extradition proceedings in accordance with the laws of Belize. On 22 May 2007, the Minister of Foreign Affairs wrote to Mr. Mark Seawell's Attorney refusing the request and ordering that the extradition proceeding should continue. As a result Mr. Seawell's Attorney proceeded to file papers in the Supreme Court seeking judicial review of the Minister's decision, and the Chief Magistrate has stayed proceedings before her until the determination of this application. The Judge has set 26 October 2007 for the hearing of the application. COMPLIMENTARY CLOSING END TEXT. ¶4. (SBU) Comment: The strategy in this case seems to be delay. We understand the Mark Seawell continues to run his drug business from prison while the court proceedings continue. After a flurry of activity there has been little progress in locating the third Seawell brother, Gary. End comment. ¶5. (U) Action request: Post would appreciate an update on the status of Duane Seawell's court proceedings. HILL