Wynberg Magistrate upholds legality of Stanislav Stamenov's arrest in extradition case

The Wynberg Magistrate’s Court has ruled that the arrest of Bulgarian national, Stanislav Stamenov was lawful, clearing the way for the extradition process requested by Romanian authorities to continue.

Magistrate Sheila Mthimunye delivered judgment on Tuesday after 41-year-old  Stamenov’s defence challenged the legality of his arrest in South Africa.

Stanislav Stamenov, was working as a personal trainer at the Virgin Active gym in Constantia when local authorities became aware of an Interpol Red Notice issued. He was arrested on February 27 following the notice issued at the request of Romania.

The court heard that Romanian authorities issued a conditional request for his arrest on January 29, asking that he be provisionally detained pending extradition proceedings.

Stamenov was convicted by a Romanian court and later sentenced to 16 years’ imprisonment. He was not present in court when the sentence was handed down, according to information placed before the court.

During earlier proceedings, defence attorney William Booth argued that the arrest was unlawful because it had been carried out without a warrant.

Booth told the court that a Red Notice is not a warrant of arrest, and argued that the arrest should therefore not have taken place without a warrant issued in South Africa.

He also emphasised that a provisional arrest may be terminated within 18 days but may not exceed 40 days.

Previously, Booth further raised questions about whether the person appearing in court was the same individual sought by Romanian authorities, pointing to variations in the spelling of the surname in documents linked to the extradition request.

The State, represented by Advocate Margaretha Engelbrecht, maintained that the person before the court was the individual identified in the Romanian request.

In her ruling, Mthimunye noted that South Africa and Romania have an extradition agreement.

“In my view there is adequate provision for arrest without a warrant,” the magistrate said.

She also found that if the offence had been committed in South Africa, it would constitute a punishable offence, satisfying the requirement of dual criminality.

The court heard that a formal request for Stamenov’s extradition had been sent to the South African Department of Justice, asking that he be provisionally arrested pending the extradition process.

In terms of the Extradition Act, the court may issue a warrant authorising further detention even if the person was initially arrested without a warrant.

Mthimunye said there was sufficient information before the court to justify issuing a warrant and ordering Stamenov’s further detention.

She also remarked that it was unclear why Romanian authorities had proceeded in that manner, noting that if the matter had been heard in South Africa an accused person would typically have the opportunity to appeal a conviction or sentence.

The magistrate found that there was sufficient information before the court to justify Stamenov’s continued detention pending the extradition process.

Stamenov will remain in custody pending his bail application.

The matter was provisionally postponed to March 18 to allow for additional relevant documentation to be obtained from Romania.

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