The Supreme Court of Justice has overturned a ruling ordering the extradition to Peru of a citizen of that country accused of aggravated theft, citing serious irregularities in the judicial process and ordering a new trial.
The decision was made by Justices Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti, who pointed out that the process did not include the hearing for the accused's knowledge or the extradition trial, as required by law. Additionally, they noted that the Federal Criminal Procedure Code, in force in the province of Salta since 2019, was not applied.
The case began in 2023 with the arrest in Salta of José Luis Aliaga Reyes, known as “El Chancho Aliaga,” who was wanted in his country for an aggravated theft case.
According to the Argentine News Agency, extradition had been granted by a federal judge in San Ramón de la Nueva Orán, a decision that was appealed by the defense on the grounds that the principle of legality had been violated.
The Court issued a warning to the judge of first instance to ensure that future proceedings comply with current regulations.
It also noted that Aliaga Reyes was detained for events that occurred in Argentina and that his arrest had been ordered following an Interpol notification.
The formal extradition request arrived in December 2023, months after the deadline set by the bilateral treaty had expired, which had led to his release.
Subsequently, with the appointment of a new defense attorney, the judge again ordered extradition in February 2024, although the lawyer only accepted the position in March.
“The circumstances presented are sufficient to invalidate the actions taken by the judge of the case,” stated the highest court, which emphasized the omission of mandatory hearings under articles 27 and 30 of law 27.467.
Therefore, it ordered a new ruling to remedy the irregularities identified.
