Discover > Canceled Question

I have a countryman abroad who was arrested in the States for violation of a federal law: mail fraud. However, he was charged to have participated in the commssion of the said felony back in his country of origin. When he went for a vaction in the States, he was taken aback to have been whisked away by postal and federal law enforcement authorities and placed under police custody in one of the federal states of that country. He was never afforded the rights/benefits/ warnings under the Miranda in-custodial police investigation proscription, particularly, the right to be informed of his rights to be silent and to be assisted by an independent and competent counsel of his own choice.

Even as far back as 2001, he became already the prime suspect and target of in-custodial investigation conducted by the postal and federal law enforcement agents sent to my country to look intently into the mail fraud matter and who were and are the principal perpetrators in some syndicated or isolated scheme.

Worst, the arresting authorities undermined not only his constitutional rights under the US and Philippine Bill of Rights provisions but also violated the principle of intermational comity betwen the sovereign states who entered into the Treaty of Extradition. His arrest and case did not pass through proper diplomatic channel and the investigative and arresting team wantonly disregarded the prompt compliance with the extradition procedures of the suspected-extraditee to the requesting state. Briefly, he was illegally arrested under the guise of a pending warrant of arrest in relation to the said charged crime and thereafter criminally indicted for mail fraud involving health and medicare insurance policies and claims of beneficiaries. The arresting and prosecutory state virtually and illegally made procedural short cuts to take jurisdiction over the suspected person without respecting diplomatic channel and extradition requirements provided for in the Treaty between the nation