(May 14, 2009) On May 10, 2009, the Supreme Court held that even in the absence of an express provision in the Extradition Law and its regulations, the Government Attorney has a right to appeal interim decisions related to extradition. The Court further held that the extradition material must be submitted to the person whose extradition is requested in his language. That person is also entitled to the list of evidence collected against him by Israeli authorities.
The case that was the subject of the request involved eight persons whose extradition was requested by the United States for alleged defrauding of American citizens of millions of dollars. While the Government Attorney extradition request was still pending before the Jerusalem District Court, the requested persons obtained a decision by that court in their favor. According to the decision, the extradition request, including its entire addendum, must be translated from English to Hebrew. In addition, the petitioners must receive a list of all evidence against them collected by Israeli authorities.
In rejecting the Government Attorney's appeal against the decision of the Jerusalem District Court, the majority opinion relied on an analogy to a parallel arrangement recognizing the right of an accused in a criminal trial to see all investigation materials against him. The minority opinion rejected the analogy based on its conclusion that it is possible to incorporate appeals over interim decisions in the appeal over the final determination of the extradition request. (Criminal request 501/09 The Government Attorney v. Gay Mayo et al., The State of Israel: the Judicial Authority Website, http://elyon1.court.gov.il/files/09/010/005/o07/09005010.o07.pdf (last visited May 12, 2009).)