The United States Attorney’s Office on Friday requested the Northern District Court of California to return former Peruvian President Alejandro Toledo (2001-2006) to prison.
The document states that the court “will issue a warrant for the engagement of the person so charged in the appropriate prison, to remain there until such surrender is made.”
Likewise, he asserted that “in view of the court’s decision on certification, Toledo is no longer eligible for bail because the Extradition Act, 18 USC § 3184, expressly requires the detention of fugitives following such a decision ”.
Moreover, “even if a bond was available, Toledo presents a significant risk of absconding, and no particular circumstances justify its release”.
He also said that “this case is now in a fundamentally different situation than it was over a year and a half ago when Toledo was released. Not only did the court certify Toledo for extradition and dismiss his defense arguments, the circumstances justifying his release also changed. Therefore, Toledo should no longer be granted bail. “
In July 2019, the court ordered the detention of Toledo. During the first months of the extradition procedure, he was held in the Santa Rita prison and the Maguire correctional center, considering that there was a risk of absconding.
However, due to the COVID-19 pandemic, he was released on March 20, 2020 to serve a house arrest sentence with an electronic shackle.
In remarks to the EFE news agency, Toledo said he would submit a “habeas corpus” following Tuesday’s decision. If accepted by the American courts, the “habeas corpus” could temporarily suspend the extradition process, although it is not automatic. Rather, the Court should explicitly order it.
According to the Peruvian prosecutor’s office, Toledo, 75, would have received up to $ 35 million from the construction company Odebrecht in exchange for favoring the Brazilian company in its activities in Peru, while he was still president of the Republic.