Judge approves Noriega's extradition

MIAMI -- Former Panamanian dictator Manuel Noriega is a step closer to facing money-laundering charges in France after a federal judge approved his extradition Tuesday, less than two weeks before the end of his U.S. prison sentence for drug racketeering.

Attorneys for the 73-year-old Noriega vowed to continue fighting for his return home to Panama, but they have now lost before two judges. Noriega is scheduled to be released Sept. 9 from a federal prison outside Miami where he has been held since his 1992 conviction.

Noriega was captured after a 1989 U.S. military invasion of Panama designed in part to drive him from power because of his links to Colombian drug lords.

The extradition approval by U.S. Magistrate Judge William Turnoff came four days after a higher-ranking judge rejected Noriega's claim that his status as a prisoner of war entitled him under Geneva Conventions rules to immediate repatriation to Panama after his release.

Senior U.S. District Judge William Hoeveler, who presided over Noriega's drug trial and declared him a POW, ruled Friday that Noriega was not immune from extradition to face legitimate criminal charges in France or any other country.

Turnoff said he agreed with Hoeveler: "The rights asserted by General Noriega simply do not exist under the Geneva Conventions."

France wants Noriega to face charges of laundering more than $3 million in drug proceeds through French banks, with some of the money used to buy luxury apartments in Paris. Noriega faces another 10 years in prison if convicted on those charges.

In Paris, the French Foreign Ministry said in a brief statement Tuesday: "We take note of the decision of the American judge concerning the admissibility of the French extradition request. We are now awaiting the decision that will be made by the U.S. administration" based on the treaty between the two countries.

Turnoff's ruling is technically a recommendation for Noriega's extradition to Secretary of State Condoleezza Rice, who makes the final decision.

Noriega's lawyers said there would likely be an appeal, but it was unclear exactly when that would occur. They also could try to persuade the State Department not to go through with the extradition, or even seek United Nations action based on the Geneva Conventions claims.

Noriega's lawyer in France, Olivier Metzner, said it was unfair for his client to face French charges so closely linked to his U.S. drug case.

"It would seem abnormal that after 18 years, he'd be asked to serve another 10 years for the same -- or essentially the same -- case," Metzner said. "He served time for drug trafficking. Now we're reproaching him for the money that came from this trafficking. Is it normal to be judged twice for the same thing?"

The twin legal victories for France were greeted with dismay in Panama, where the government has also filed an extradition request.

Noriega has been convicted in absentia of murder, embezzlement and corruption and sentenced to 60 years in Panama, but the law there would allow him to serve his time under house arrest because of his age. The Bush administration has not explained why it supports extraditing Noriega to France rather than Panama, though Hoeveler said in his ruling that it was unclear whether Panama was "actively seeking his return."

The government of Panamanian President Martin Torrijos issued a statement saying that if Noriega is extradited to France, it will send an immediate request to the French government for his extradition to Panama.

Former Panamanian President Guillermo Endara, who took office in 1989 following the U.S. invasion and sought Noriega's extradition in 1991, reacted angrily.

"We have been openly humiliated, treated like a fly in the path of two great powers, the United States and France," he said. "I feel humiliated for one because Panama has not been treated equally under international law."

At Tuesday's hearing, Rubino questioned whether France would honor Noriega's status as a POW, citing a recent news article in Panama quoting a French official as saying he would be treated as "a common criminal."

"That flies in the face of the Geneva Conventions," Rubino said.

But Assistant U.S. Attorney Sean Cronin said the French have given assurances in a confidential diplomatic communique that Noriega would have POW status, which guarantees him certain rights and preferential treatment while in custody.

"The United States is not running away from its obligations under the Geneva Conventions in this case," Cronin said.