The United States denied habeas corpus to Alejandro Toledo to prevent his extradition to Peru

Judge Laurel Beeler of the California Court denied the habeas corpus presented by the defense of Alejandro Toledo, requesting that the former president not be extradited to Peru to answer for the alleged bribes and delivery of more than $30 million by the company Odebrecht.

In his decision, the magistrate considered that it is for the Peruvian justice to decide, based on the evidence that exists, whether or not the former president should serve in prison.

On September 28, 2021, United States Judge Thomas Hixson decided that Toledo could be extradited, having found sufficient evidence to justify the repatriation requested by the Peruvian government.

A day later, in an interview with the Efe agency, Toledo reported that his defense would ask the US justice for a habeas corpus, which, in theory, could delay or even prevent his extradition to Peru.

“The next action of my defense here in the United States is that we are going to file a habeas corpus, which will go to a federal judge in California and then there are still two more instances,” the former president said at the time.

According to Toledo's lawyer, Roberto Su, the practice indicates that normally in such cases in which the right to defence and due process may have been allegedly affected, extraditions are suspended.

He criticized the contradictions and inconsistencies in Judge Hixson's decision, which he accused of lack of objectivity and of having had his sentence half-prepared even before the extradition hearing took place.

Habeas corpus was the only legal remedy available to the former president, because Judge Hixson's sentence cannot be appealed.

Toledo is prosecuted by the Peruvian justice system for the alleged crimes of money laundering, collusion and trading in influence for allegedly receiving a bribe of 35 millions of dollars from the company Odebrecht to favor it with the tender for the Interoceanic Highway.

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Toledo's extradition request was made by the prosecution before Judge Richard Concepción Carhuancho on February 18, 2018, who admitted it and sent the note to the Supreme Court whose Permanent Chamber approved it a month later.

In March 2018, the Council of Ministers unanimously approved the extradition of the former president to answer for alleged money laundering, collusion and trading in influence.

In July 2019, Alejandro Toledo was arrested by US authorities and remained in prison for several months after his defense's request for bail was rejected.

Months later, in November 2019, US Federal Court Judge Vince Chhabria ordered that the former president continue his extradition process in prison. In addition, he must submit, within 14 days, his bank movements between 2018 and 2019 and those of his wife Eliane Karp.

Meanwhile, the Peruvian justice system first approves the extradition request against Eliane Karp, Alejandro Toledo and Avraham Dan On, former trusted worker of the former head of state, in the Ecoteva case.

In August 2021, the defense of former president Alejandro Toledo filed a request in the United States for the court to deny his extradition. They allege that it has no connection with the money that the company Odebrecht gave. He says that this money went into Josef Maiman's accounts and was used by Josef Maiman.

However, the US justice decided that Alejandro Toledo could be extradited. It considers that there is evidence of the existence of a criminal act and considers it sufficient to support accusations of conspiracy and money laundering. It will depend on the US Secretary of State. The U.S., Antony Blinken, make the final decision.

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