On the basis of all of this, the District Court decided, as stated, to accept the petition and to declare the appellant extradition. The appeal before us is directed against this decision. The appellant also sought to recount his case in the petition he submitted to the High Court of Justice (High Court of Justice 5832/05), but in light of our comment - that the scope of the issues that arise in the two proceedings is similar - he agreed to the dismissal of the petition, and we instructed us to do so.
The Arguments in the Appeal
- The appellant petitions that the decision of the District Court be reversed. He wishes us to view the Attorney General's petition to extradite him as a unique and precedent-setting case, as to his approach, in circumstances in which the detainee is an Israeli citizen and a resident, and the act attributed to him was committed entirely in Israel, the sin of extradition to a foreign country to the balances required by the Basic Law: Human Dignity and Liberty and to the basic principles of penal law.
The first argument made by the appellant is that since the arena of dispute is limited only to the question of his involvement in the alleged drug transactions, as opposed to the very existence of the transactions, the center of the evidence is in Israel and not in the United States. The appellant announced his willingness, to the extent that his trial is to be held in Israel, to waive their testimony in cross-examination by the legal authorities from the United States, and there is no
He opposes the presentation of any evidence that these officials intend to present before a court in the United States. In the meantime, he refers to the state's witness agreement signed with Baruch and Alan Dadosh, according to which they undertake, if necessary, to come and testify in Israel. Therefore, he argues, the presence of the prosecution witnesses in the United States should no longer be given extra importance. However, in the same breath, the appellant complains that the extradition of the Dadosh brothers has closed the door to the possibility that they will be interrogated on his behalf if he is brought to trial in Israel. How this contradiction would be resolved, he did not explain.