The US Supreme Court on Saturday opened the way for the extradition of an American father and son wanted by Japan in the flight of former Nissan chief Carlos Ghosn.
Judge Stephen Breyer denied the attempt to suspend extradition, to give Michael and Peter Taylor time to appeal their case, challenging the plans of the American authorities to hand them over to Japan.
Michael Taylor, a US Army special forces veteran, and his son are accused of helping Ghosn, who led the Japanese automaker for two decades, to flee the country last year with Ghosn stuffed in a box in a private jet . The flight went to Turkey and then to Lebanon, where Ghosn has citizenship, but has no extradition treaty with Japan.
Ghosn was on bail at the time, awaiting trial on allegations that he did not report his income and committed a breach of trust by diverting money from Nissan for his personal gain.
Ghosn said he fled because he could not wait for a fair trial, was subjected to unfair terms of detention and was prevented from meeting his wife on bail. Ghosn denied any wrongdoing.
Taylor’s lawyers argue that men cannot be legally extradited and will be treated unfairly in Japan. Their lawyers told the Supreme Court in an application filed on Friday that men would face harsh treatment in the Japanese criminal justice system.
“The issues raised by the petitioners deserve complete and careful consideration, and the risks are enormous for them,” wrote their lawyers.
“The minimum that US courts owe petitioners is a complete chance to litigate these issues, including the exercise of their rights of appeal, before they are delivered to the destination awaiting them in the hands of the Japanese government.”
US officials said they would not hand over the men to Japan while their proposed suspension was pending before Breyer, said a Taylors lawyer.
Michael Taylor told the Associated Press that he feels betrayed that the United States is trying to hand him over to Japan after his service to the country. Taylor declined to discuss the details of the case due to the possibility of being tried in Japan, but insisted that his son was not involved.
The first U.S. appeals court in Boston on Thursday refused to suspend extradition, concluding that the Taylors are unlikely to succeed on the merits of the case. The Taylors have been detained in a Boston suburban prison since last May.