Ecuador is demand­ing the return of one of their cit­i­zens from Florida’s death row because they main­tain he was tak­en from Ecuador ille­gal­ly. The inmate, Nelson Serrano Saenz, is a dual cit­i­zen of the U.S. and Ecuador. Ecuador says he should have nev­er been tak­en from their coun­try by Florida offi­cials, call­ing the arrest a kid­nap­ping” and accus­ing the U.S. gov­ern­ment of phys­i­cal mal­treat­ment of Serrano as well. Ecuador does not have the death penal­ty and will not extra­dite fugi­tives who face the pun­ish­ment in oth­er coun­tries. The issue is not his guilt or inno­cence,” said Deputy Ecuadorean Interior Minister Franco Sanchez. This is called a kid­nap­ping, not an arrest.” U.S. author­i­ties main­tain that they did noth­ing improp­er and that Serrano’s dual cit­i­zen­ship sta­tus allowed them to bring him back. The Organization of American States, to which both coun­tries belong, has since rec­om­mend­ed the case to the Inter-American Court of Human Rights in Costa Rica, after first find­ing that Ecuador had ille­gal­ly detained and deported Serrano. 

Ecuador has not received an offi­cial response from the U.S. State Department to their let­ter and announced they plan to present the let­ter to the Florida Supreme Court, where Serrano’s appeal will like­ly be heard lat­er this year. The Ecuadorean gov­ern­ment also has hired a Miami-based immi­gra­tion attor­ney to replace Serrano’s court-appointed lawyer.

(Associated Press, Ecuador Seeks Return of Florida Death Row Inmate,” New York Times, April 6, 2009). See International and Foreign Nationals.

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