Extraordinary rendition

In American jurisprudence, a fugitive from justice forcibly or violently abducted in a foreign territory cannot invoke such irregularity to escape criminal prosecution in a United States court. The Ker-Frisbie doctrine upholds the jurisdiction of federal courts over criminal defendants kidnapped in countries that have extradition treaties with the US.

In the 1886 Ker v. Illinois case, the Supreme Court ruled that the forcible abduction of a convicted US citizen in Peru presented no valid objection to his trial. The Court applied the landmark doctrine in the Frisbie v. Collins case (1952). It upheld the conviction of a defendant who was kidnapped by Michigan authorities in Chicago and tried in Michigan.

In the United States v. Alvarez-Machain (1992), the High Court overturned the Court of Appeals’ decision that dismissed the indictment of the Mexican national. Against his will, the defendant was seized in Mexico and flown to Texas. He was arrested for the murder and kidnapping of a Drug Enforcement Administration agent and the latter’s pilot. Citing the landmark Ker judgment, the Court said the forcible abduction did not prohibit his trial for violating American criminal laws. It also held that the extradition agreement between the US and Mexico “says nothing about either country refraining from forcibly abducting people from the other’s territory or the consequences if an abduction occurs.”

In short, the American legal system is more concerned about putting a defendant to trial. How he came under court jurisdiction is of secondary importance.  

The above-mentioned cases bring to mind Pastor Apollo Quiboloy, who faces a federal warrant in America. The charismatic evangelist founded the Kingdom of Jesus Christ, The Name Above Every Name (KJOC) in 1985. The megachurch has grown to six million members worldwide.

It is common knowledge that the embattled pastor is a close friend and spiritual adviser to former president Rodrigo Duterte. I have also personal and professional ties with the politically influential leader. FPRRD and I host separate public affairs programs in Sonshine Media Network International (SMNI), which Quiboloy used to head. The SMNI rose to