TCI authorities deny Misick’s arrest is unlawful

(CNS): The Turks and Caicos Islands (TCI) attorney general’s chambers has denied that the former premier, Michael Misick, has been unlawfully arrested or that he is being treated any worse than any other British prisoner held in custody in Brazil. The islands’ legal official also stated that the former leader was being offered consular assistance by both the UK and the Brazilian government. In a statement released on Wednesday the TCI authorities said that the request for his extradition would be submitted this month and if it is not contested Misick will be ‘speedily’ returned to TCI to face questioning.

Misick has already declared publicly that he wants to return to his native country and that he will not contest the order.

Misick was arrested in Rio last month and has since been held in a high security prison in Brazil in what are believed to be particularly uncomfortable conditions. Misick has not yet been charged with any crime but he fled TCI more than two years ago in the wake of a corruption scandal in which he was implicated and which led to a major investigation and the suspension of the islands’ constitution by the British.

An international warrant was issued for his arrest last year and executed by the Brazilian authorities in December. Misick had been in the country for some time where he had applied for political asylum but had recently been refused.  

"Michael Misick is the subject of an extradition request made lawfully and properly, in accordance with the relevant treaty in place between the UK and Brazil, as extended to the Turks and Caicos Islands,” the TCI Attorney General’s chambers said Wednesday in the wake of written complaints by Misick from his jail cell and from his family, which were posted in the local media in TCI this week.

“As such, he is currently being held in accordance with the terms of this Treaty, under a provisional warrant of arrest. The Treaty requires that the full request with supporting documentation is to be submitted formally within 60 days (following his arrest on 7 Dec 2012). It is intended that this request be submitted in Jan 2013. Following this, Mr Misick will have the opportunity to consider whether he wishes to contest his extradition,” the TCI legal office stated.

“If he does not contest the extradition, and there are no other outstanding issues, then everything possible will be done by Turks and Caicos authorities, in collaboration with his legal advisors and the Brazilian authorities, to ensure his speedy return to face questions in relation to alleged crimes during his time in office and to face trial in accordance with our laws,” the office added in the release.

Misick has already made it clear that the UK does not need to go through the extradition process and he is ready and willing to return immediately. He has also claimed that his human rights are being violated and the family states that he is being held in terrible conditions in the high security prison.

“We have received assurances that during his time in custody Mr Misick will receive consular assistance from the British Consulate General in Rio de Janeiro, who will work to ensure that Mr Misick receives the same level of treatment as other British prisoners in Brazil, and is treated in accordance with international minimum standards,” the attorney general’s spokesperson said, adding, “The consular staff in Rio will provide the same level of consular assistance offered to all British Citizens in Brazil.”