The Tribune

THE Family of embattled former Turks and Caicos premier Michael Misick has renewed its call for his release from a Brazilian prison.

According to a report in the Turks and Caicos Sun newspaper, the Misick family’s latest statement also responded to Attorney General Huw Shepheard, who said the extradition request that landed Mr Misick in prison in Brazil was made lawfully and properly.

The family believes there is evidence to suggest this was not the case.

They claim Mr Shepheard got a magistrate to issue the arrest warrant at the beginning of August last year, then sent a letter to Brazilian authorities requesting the former premier’s temporary detention.

But they, say, both this letter and an affidavit used to secure the warrant were “riddled with half truths and innuendoes”.

Among these, the family said, was the suggestion that Mr Misick escaped lawful custody after he was charged with conspiracy to receive bribes and with conspiracy to defraud.

The family is quoted as saying: “Michael Misick was never charged with anything before his departure from the Turks and Caicos Islands (TCI) and by the time they got around to securing the warrant from Magistrate Warner in February 2012, Michael Misick was long gone from the TCI.

“Michael Misick lived in the Dominican Republic for the most part since he resigned as premier of the TCI and from there he travel to Brazil where he filed for political asylum on November 8, 2011 and on November 24, 2011, he received temporary residence status which allowed him to live in Brazil without any restriction of rights.

“He was given interim status on December 12, 2011 valid to February 28, 2012. This was later extended again to June 14, 2012.

“On or about 1 June 2012, CONARE, the Brazilian authority responsible for granting refugee status denied his request and he had 15 days to appeal, which he did to the Minister of State for Justice while waiting for trial of the appeal.

“He was granted new temporary residence status which was valid until April 7 2013.

“Michael’s Brazilian lawyer explained that pursuant to Article 34 of Law 9474/97, the fact that he was waiting judgment on his asylum appeal and that he was granted temporary residence status, under normal circumstances should act as a stay on the initiation of any extradition proceedings.

“He further explained that the allegation the UK lodged against Michael was not sufficient to warrant the Brazilian authorities agreeing to temporary custody, particularly when the same Brazilian authorities were the ones determining his asylum appeal.

“The lawyer also said that Brazilian law 12.403/2011 provides for precautionary measures other than detention to be taken.”

The family also claims that at the time of the initial request for Mr Misick’s detention, the extradition agreement between Brazil and the UK was not yet extended to the TCI.

“Our research revealed that this treaty was not extended to the TCI until September 26, 2012 . . . One can only conclude as with other laws, the extension of the treaty in retrospect can be seen as being enacted specifically to secure a Brazilian court’s warrant for the temporary arrest and extradition of Michael Misick,” the statement said.

The family said if the Attorney General wants to have Mr Misick back in the TCI immediately, all he has to do is rescind the extradition request, and put the former premier on a prearranged flight.

“We don’t see any security risks in this scenario. This is a decision for the AG and he must man-up and bring Michael Misick home without delay.

“The Brazilian Federal police in their press release said that Michael Misick looked surprised when he was arrested.

“Anyone can understand his surprise, when the same people who were trusted to protect him from political victimisation by the British suddenly turned on him,” the statement said.