Read also: Will the USA extradite Zbigniew Ziobro to Poland? The expert has no doubts
Justice Minister Waldemar Żurek announced that he would submit an extradition request next Monday. However, according to attorney Tymoteusz Paprocki from the Warsaw ORA, A politician's departure to the United States may be a “very good” decision from a procedural perspective.
A visa from Donald Trump and a political “umbrella”.
Particular attention of the public is drawn to the fact that – according to media reports – the visa decision for Zbigniew Ziobro was to be signed personally by US President Donald Trump.
— This may suggest a certain political aspect of this matter – said attorney Tymoteusz Paprocki in an interview with PAP, pointing out that the political context is of great importance for the American court.
According to the expert the American federal court will have to consider a number of grounds that may prevent the politician from being extradited. As he says, Ziobro's defense will probably use the political nature of the case. American courts rigorously examine whether prosecution is a form of political struggle. Public declarations about the need to arrest Ziobro may be used as evidence that he will not receive a fair trial in Poland.
In addition a US court will assess whether the Polish legal system will provide the accused with full rights of defense.
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The key statement of the US Secretary of State in the Zbigniew Ziobro case
Even if the American federal court agreed to the Polish request, the case would not be automatically closed. The extradition procedure between Poland and the USA is based on an international agreement that leaves the final decision in the hands of the government administration.
“Regardless of what decision the court in the United States would make, the decision regarding extradition will ultimately depend on the signature of the Secretary of State, currently Marco Rubio.” – emphasized attorney Paprocki.
In the lawyer's opinion, previous statements by politicians of the ruling coalition regarding Ziobro and the possibility of his temporary arrest may also be important. – It may turn out that these political statements regarding the minister's case will be the key argument for the American court to decide that Ziobro will not receive a fair trial in Poland – he said.
