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'Dudus' dispute heading to UN?
Kingston, Washington exploring possibility of int'l mediation on extradition request Experts fear worsening of diplomatic relations
BY DESMOND ALLEN Executive Editor - Operations Investigative Coverage Unit icu@jamaicaobserver.com
Sunday, March 14, 2010
THE Jamaican and United States governments were at the weekend weighing expert advice that they subject their extradition dispute over Christopher 'Dudus' Coke to international mediation, possibly involving the United Nations (UN).
Impeccable Sunday Observer sources said the suggestion was floated in Kingston and that Washington had indicated it was willing to explore mediation as an option.
"While the Golding administration remains adamant that it cannot act outside of Jamaican law, it has made it clear to the Americans that it wants the dispute resolved with its long-time ally," said the high-level source who spoke on condition of anonymity because he was not authorised to speak to the media.
The US is demanding that Coke, the Tivoli Gardens strongman, be handed over to face trial on an indictment by the grand jury for the Southern District of New York, on two counts of alleged conspiracy to, inter alia, distribute and possess with intent to distribute narcotics, specifically cocaine; and conspiracy to traffic in firearms without a licence.
But the prime minister has said the evidence presented by the Americans had not satisfied the Government that there was enough to convict Coke in a Jamaican court for those offences, as required by the Extradition Treaty.
Jamaica also expressed dissatisfaction with the manner in which the US came in possession of intercepted information on Coke, saying it was done in breach of the island's Interception of Communications Act. To sign the extradition request would therefore be a violation of Coke's constitutional right to freedom of expression.
But critics have lashed Golding, suggesting that he was protecting Coke, who resides in the prime minister's West Kingston constituency, because of his alleged links to the ruling Jamaica Labour Party.
In the meantime, relations between Jamaica and the US remain tense, with advisors suggesting that it could further deteriorate, as there was little prospect of a resolution, if both sides stuck to their guns.
Asked about the likelihood of the US accepting mediation, the source said the State Department did not initially warm to the idea and was still insisting that its extradition request be taken before the Jamaican courts for a decision. But it said it would explore the option.
"Jamaica's willingness to put the issue to mediation was at least an indication to the US that we want to see the matter resolved in a mutually satisfactory way," the source said.
Prime Minister Bruce Golding was said to be listening to his advisors who had outlined several options that were available to him, including mediation, before he made his next move.
The advisors themselves were apparently not pressing Golding to take the matter through the Jamaican courts, arguing that its ruling was not binding on the US under the 1993 Extradition Treaty and subsequent Memorandum of Understanding signed and ratified by both countries.
"The Jamaican Government is of the view that this is a matter in which both parties have an obligation to sit and amicably resolve the issues through negotiations as two sovereign states to a bilateral treaty," the source said.
"Placing the matter in the Jamaican courts would not address the issues and would not be binding on the US under the treaty and the MOUs. The issues which have arisen in this extradition request, if not addressed, will almost certainly arise in future extradition requests," he said.
The high-level source insisted that even if the various procedural obstacles were overcome, "a court judgement, while persuasive, would not be binding on the US".
"The issue would still remain until it is resolved in a conclusive way," he said. "The domestic court is not an arena to resolve what is essentially obligations under international law between two sovereign states and their relations internationally."
He said the Jamaican administration was confident that it had a case that could stand scrutiny at any level of mediation, including the secretary general of the UN Ban Ki-Moon; the Washington-based Organisation of American States; the European Union, a third country or some person or similar body with international standing.
Such mediation would determine the legitimacy of the US assertions that it acted in accordance with the spirit and intent of the Extradition Treaty and the Memorandum of Understanding. "This decision would be a strong factor which any minister (of justice) would take into account when considering whether to sign the authority to proceed or not," said the source.
Read tomorrow's Observer for a blow by blow account of how the Christopher
'Dudus' Coke extradition story unfolded.
 
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3/15/2010
to be brutally honest - PM Bruce Golding's actions are ultimately merited on "political posturing"....
3/14/2010
If there is really a second request coming clearly its gonna be airtight so im not sure of the need for mediation, as Bruce has commited to his minister signing..........
interesting days ahead Bruce and some of you hear seem naive to believe that after several years of monitoring Coke, all the US has is some wiretap conversations!
And all this stupid talk about Jamaica being a SOVEREIGN state, how can we be sovereign if we have enclaves called GarrIson communities ruled by DONS where people cant vote freely and have their cell phone checked periodically among other atrocities......SUCH HYPOCRISY!!
3/14/2010
Do not waste a good crisis. The US is now broke AND heading for Bankruptcy. This was done by greedy corrupt government officials. Corruption is not only in Jamaica it is in the US as well. The US IS IN SUCH BAD SHAP IT IS TIME TO CASH OUT AND INVEST IN SOME OTHER COUNTRY.
Check these FACTS:
Total debt that the US owes is $78 TRILLION! This does not include the interest that the country pays on this debt. This can not be paid off.
Overall total debt that government and corporation owe in Derivative is $1.4 quadtrillion! YES, quadtrillion! This amount is now coming due. Madmax coming!
The government printed some much money that the entire world is endanger of hyperinflation! This can happen before or by 2012!
If hyperinflation does not come on line then the US is going to DEVALUE THEIR currency 30 to 50 %. You are going to lose half of your US wealth. Google these facts and verify them. You have been warned! Madmax coming! Madmax coming! CASH OUT YOUR US ASSET!
3/14/2010
TG you are an educated idiot.
All you do is throw fallacies about as if they are newly learned art.
You and your corrupt friends will soon know the might of justice which has been absent for too long in Jamaica.
3/14/2010
16.-(l) A request for assistance under this Act made by
assistance- a foreign state-
(a) shall be refused if, in the opinion of the Central
Authority-
(i) compliance with the request would contravene
the provisions of the Constitution, or
prejudice the security, international relations
or other essential public interests of
Jamaica;
http://www.oas.org/juridico/mla/en/jam/en_jam-mla-law-mla1997.pdf
3/14/2010
John Christian, you need to read the report issued by the U.S. State Department.
The issue is not simply about "the facts contained in the extradition treaty ".
It is about the total breakdown of the rule of law ( top to bottom) and the links of the Political Leadership of Jamaica with known and alleged criminals which thrives on rampant corruption.
You can sit here and be an apologist for criminals if you wish. However, most Jamaicans at home and abroad ares lobbying the U.S.A Government for assistance in dismantling the criminalty within and outside of Government..
3/14/2010
@ Tuff Gong: You don't have to ask these questions, he can answer them yourself... you know everthing pertaining to Mr. Golding, Dudus and Tivaali!
3/14/2010
Interesting.
Few questions 1) Do we seriously want a new Jamaica which is rid of corruption from top to bottom?
2) if yes, are we willingly to do whatever it takes?
Rumors going around that Mr. Coke has incriminating evidence on some Politicians. If that's true, they will have to pay the cost too. Very interesting situation this is. My personal view, if Mr. Coke is innocent, let the court decide. If he's guilty, then no man is above the law.
3/14/2010
@John Christian, an awful lot of Jamaica live abroad sir, and they have every right to comment about what is happening in their homeland, as a matter fact, Jamaicans living abroad are more informed about what is happening in Jamaica than some Jamaicans living in Jamaica, I am not sure what is unrealistic about assessing Jamaica's dilema from outside of Jamaica, it would nice if you could expound on that. Sir, the fact of the matter is, Jamaican politicians, on both side that is, have long established relationship with the criminal enterprise in Jamaica, a baby born pre-term with Downs Syndrome could tell you that, we have been unwilling to deal with this issue, and in part, we act in collusion with the criminals, so I have no beef with the US doing something that the Jamaican authorities seem unwilling or incapable of doing. This whole constitutional rights argument, would only be valid if you defended every single Jamaicans constitutional rights with the same vigor, historically that has never happened . So, the current administartion can dance around this issue at it wants, but keep in mind the music is about to stop playing pretty soon,and in any event, you can't dance for too long, lactic acid and muscle fatigue will force you to stop dancing even when you have the desire to dance some more.
Richard Edwards. New York City.
betterlifeforjamaicans@yahoo.com
3/14/2010
I do believe that unless the evidence againist Dudus was collected in a "legal" manner according to the laws of Jamaica, then by default it cannot be used against Dudus and in support of his extradition. US have a tendency of breaking the laws "by any means necessary" in other countries. It should stop. This is also true in the 80's when the CIA tried to kill Michael Manley in Jamaica for his "alleged" ties to Cuba's president Castro. That is a fact and no one addressed today. USA was also responsible for the same Guns in Tivoli in the 80's.
3/14/2010
Let me try to get this posted. So sorry if it was:
So the USA has been spying on Tivoli we get that. Few questions:
A. Is Tivoli as they say in some parts of the USA an Indicted Area. Meaning is Tivoli a community where anyone
entering and leaving is automatically a suspect and can be arrested and charged for a potential crime? We already
know that the Jamaican Police and most Jamaican Politicians thinks it is based on the many bloody raids and
statements from Jamaica Officials)
B. How long have Tivoli being under indictment by the USA?
C. Having had this Wire up (assuming it is for a significant period based on the answer to B above), what else
besides licence plate and illicit narcoticos puff-puff activity did the USA discover?
C1. Did they find guns?
C2. Did the find the many bodies that are rumoured to dumped in May Pen?
C2. Did they find the tunnels that are rumoured to be in Tivoli?
D. Dependant on the answer to C above did the USA authorities share any or all the information with the local cops
that has launched many raids on Tivoli only to come up empty?
Conclusions my overstanding from reading the Jamaica Observer is that the USA has a few things on Prezi, including
guns and drugs transactions. However these guns and drugs transaction have been delivered must have gone somewhere.
With all this surveillance of Tivoli and with Prezi being based there one would assume that the USA and/or the
Jamaican authorities would by now have arrested, detained and/or reported/hinted at some secondary transactions
post delivery of all this drug and weapons.
I think this article is another in the series cementing the Jamaica Observer's credential as the nothing but the
yellowest rag, amongst the fourth Plantation.. LOL Willie Lynch was correct all you have to do is to set us amongst
ourselves and the train keeps on rolling.
....TG....
3/14/2010
Darlene Edwards - Do you think the Prime Minister would take the same stand for Darlene Edwards??? Mr. Golding's stand does not border on hipocrisy IT IS HIPOCRISY!!! and has absolutely nothing to do with patriotism. Don't be naive!
3/14/2010
You have received credit for inserting what has turned out to be a very farcical visual aid, to assist your audience in this episode of the Obama/Golding saga. Although this insertion presents an insight of the David versus Goliath bout, it is touched with a trace of ambiguity, because Obama’s position in the ring could be viewed in two ways. On one hand, he has received an upper cut and seeking refuge on the canvas; while on the other hand, he his skillfully navigating his way around Golding’s harmless blows, en route to Western Kingston. Anyway, despite our interpretation of the file photo, your creativity has provided adequate proof for your audience to conclude that the mind is present. Oh, one other thing Mr. Editor, it would be nice if you could inform us of Bruce’s trainer, because di man seems determined wid blood inna him eyes, as he heads to the twelfth round. Peace out!
3/14/2010
Bruce a fight a losing Battle , walk away Bruce and save the Jamaican economy and stop stressing and wasting resources on man who has no regards for law and order. I am just understanding why they call him President .
3/14/2010
@ Wilfred Gray
Yes Jamaica constitution comes first and Bruce is breaching it.
3/14/2010
@ GEORGE WATSON. "All this talk about sovereignity and due process is pure hogwash."
To protect the interest of the diaspora - Jamaicans with their PRECIOUS U.S. VISAS, sovereignty and due process must NEVER be considered. It is pure hogwash. Yeah, right.
Do you suppose that those of you in the DIASPORA are more important than the people in the ghetto? You make me sick.
3/14/2010
Bo `bilateral `mutual agreement; can be binding than the country constituion.
In USA, USA constitution comes first and in Jamaica, Jamaica, Jamaica constitution comes first.
No country can sign away ...is it should not? sign away there `Sovereingnity and duties,obligations to their citizenry and right to `self-determination!
On Principles! self-respecting! W have a right to determine our own destiny...bob Marley sung, way back when!
lol!
3/14/2010
HEY PEOPLE!!!!...this guy is just one man extradite him ,i am very sure he as a second in comand in West Kingston.... one man is making poor people cannot even get visa ...next election JLP IS GOING TO BE OUT
3/14/2010
Some people wudda write any likkle propaganda jus fi mek dem newspaper sell eeh. Bwoy, ah tell oonu bout dem peeple ya! Find supp'm betta fi do nuh.
3/14/2010
We should be rejoicing that at long last, at long last, our corruption and crime problems are being addressed and we are attacking infestation at the very roots! Look how many years of silence we have endured, when our politicians were silently feeding corruption, feigning surprise when it became a monster and began to roar! Some of us have grown accustomed to the crime and corruption, and have even benefitted from it, thus our tendency to be crying foul (like Nancy Cuminale) when the US is attempting to dismantle the crime machine and shut down the factory. Hypocrites. You have always known who the big fish were. On both sides of the political divide.
I love my country so much that I will say: GO US of A!
3/14/2010
An awful lot of comments are being made by persons who do not live in Jamaica,and are observing jamaica from an unrealistic vantage point,with pronouncements based on hearsay and emotional mis information....every body slow down and take a deep breath...this issue can only be resolved on the basis of the facts contained in the Extradition treaty between the US and Jamaica...inform yourselves some more before jumping off the deep end of emotional diatribe....
3/14/2010
UN? PUhlease. This is a simple matter. The Govt is dithering and finding excuses. They are obvioulsy worried since the matter will NOT go away.
Keep up the pressure America.
3/14/2010
The Hon. Dudus For Prime Minister cause a him run really tings.
3/14/2010
Normally I would oppose the Jamaican government turning over one of their citizen to the US simple because if the situation was reversed I am not sure that the US would be willing to do that. Because of the climate of corruption and crime involving these so called dons and their alleged association with politicians I have no problem with this extradition request.
The US and Jamaica has an extradition treaty and the government should honor it in this case. This is a good opportunity for the politicians to demonstrate their courage and leadership in sending a strong message that criminals will be brought to justice anywhere that justice is demanded. This extradition case with Dudus is just another example of how the Jamaican government is so fickle and unable to solve the real problems affecting the country.
3/14/2010
KIss teet. The US has to be dragged to UN to negotiate with very dangerous countries and they are gonna negotiate with Bruce? Please.
3/14/2010
Biggest drug traffickers in the world: the CIA.
Nuff said.
3/14/2010
Bruce Golding is fighting a loosing battle..Prepare for the return of Portia Simpson as Prime Minister of Jamaica and more extradition of Jamaicans..
3/14/2010
If George Watson's extradition was being sought.does anybody seriously believe that Jamaica would be going through all this? After all these years of fostering a sound relationship with the U.S. (especially with sucessive JLP governments) it has now comes down to this.
All this talk about sovereignity and due process is pure hogwash which only the choir believes, and it is only making the credibility of the prime minister diminish more and more in the eyes of every well-thinking Jamaican here and in the disapora, as Jamaica sinks deeper and deeper toward rogue state status.
We shall not forgive Mr. Golding over this, and history will not treat him kindly.
3/14/2010
LOL ......Peer rumours!
I think I will post these anyway to see out it plays!
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