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马丁—斯诺登的“前车之鉴”?

发布者: sunny214 | 发布时间: 2013-7-3 08:30| 查看数: 680| 评论数: 0|

Last December, Trent Martin, an Australian who had worked for the Royal Bank of Scotland as a research analyst, was arrested in Hong Kong on US insider-trading charges and agreed to be extradited to New York.

去年12月,一位曾在苏格兰皇家银行(RBS)担任研究分析师的澳大利亚人特伦特•马丁(Trent Martin)因被指控在美国从事内幕交易而在香港被捕。马丁同意被引渡回纽约受审。

The process took three months – during which time Mr Martin, 34, was shackled in handcuffs, held in solitary confinement and placed in a psychiatric prison, according to a letter sent by his lawyer, Larry Krantz, to a US judge.

马丁的律师拉里•克兰茨(Larry Krantz)在一封寄给美国法官的信件中说,引渡花了三个月时间。在此期间,34岁的马丁曾被戴上手铐,关过禁闭,还被关押在一所精神病治疗中心里。

Mr Krantz has alleged his client was subjected to “an inhuman ordeal”, and other lawyers say the case raises questions about the rights of extradited suspects at a time when US authorities are becoming more aggressive in hunting down alleged wrongdoers in other countries.

克兰茨指出,他的当事人遭受了“非人的折磨”。其他律师表示,在美国当局日益积极地在其它国家抓捕犯罪嫌疑人之际,马丁一案引发了有关被引渡嫌疑人权利的问题。

The matter has also emerged against the backdrop of the international furore over Edward Snowden, the former US intelligence official who disclosed classified documents about US government surveillance and then fled to Hong Kong. Mr Snowden is now believed to be in a transit zone in Moscow while seeking asylum in Ecuador.

此事还发生在爱德华•斯诺登(Edward Snowden)在国际上引起轩然大波之际。斯诺登曾经是一名美国情报官员,他在泄露有关美国政府监控信息的机密文件之后逃往香港。如今,斯诺登据信正停留在莫斯科过境区并在寻求厄瓜多尔的庇护。

Mr Martin’s case marked the first time in a decade that the US had sought the extradition of an insider trading suspect. This pursuit was all the more remarkable because Mr Martin was only accused of making $8,000 from the alleged scheme.

马丁一案标志着十年来美国首次要求引渡内幕交易嫌疑人。由于马丁在所谓的内幕交易中仅仅被控获得了8000美元的收益,此次追捕行动更加引人注目。

Mr Martin’s difficulties date back to 2009 when he was working at RBS in New York.

马丁的不幸遭遇要从2009年说起,当时他在纽约为RBS工作。

A friend at a law firm advising IBM told him the consulting and software maker planned to take over SPSS, a Chicago software company.

一位律所(这家律所为IBM提供咨询服务)的朋友告诉他,IBM计划收购芝加哥软件公司SPSS。IBM既是一家咨询公司,也是一家软件制造商。

Mr Martin allegedly traded in advance of the deal and relayed the information to his roommate, Thomas Conradt, a stockbroker with Euro Pacific Capital, who told others. Combined, the traders made more than $1m in illegal profits, prosecutors allege. Mr Conradt has pleaded guilty and is co-operating with authorities.

马丁涉嫌在此次收购前进行相关交易,并将消息泄露给了其室友、欧洲太平洋资本(Euro Pacific Capital)的股票经纪人托马斯•康拉特(Thomas Conradt),后者还将消息告诉了其他人。检察官指控称,这些人一共获得了逾100万美元的非法利润。康拉特目前已经认罪,正在配合警方调查。

Mr Martin was arrested on December 22 in Hong Kong at the request of US authorities. On January 4, he agreed to be extradited.

应美国当局要求,马丁于去年12月22日在香港被捕。今年1月4日他同意被引渡回美国。

“Although we did not realise it at that time, Mr Martin’s disturbing ordeal was only just beginning,” wrote Mr Krantz.

克兰茨写道:“不过我们当时并未认识到,马丁的悲惨遭遇才刚刚开始。”

Mr Martin was transferred to Lai Chi Kok Reception Centre, a maximum-security prison in Hong Kong. “The conditions of his incarceration were abysmal, to say the least,” his lawyer wrote.

马丁被转到香港一所高度设防的监狱——荔枝角收押所(Lai Chi Kok Reception Centre)。马丁的律师写道:“毫不夸张地说,他的羁押环境糟透了。”

His treatment contrasted with what he could have expected in the US, where most white-collar defendants are released on bail.

马丁的遭遇完全不同于他原本预期在美国享有的待遇。在美国,多数白领被告会被保释。

US authorities could not take custody of Mr Martin until Hong Kong officials released him. It took nearly eight weeks for Hong Kong’s chief executive to sign the order, Mr Krantz said.

在香港官员释放马丁之前,美国当局无法收押他。克兰茨表示,香港特首用了将近八周的时间才签署相关命令。

Mr Martin’s situation “deteriorated even further”, his lawyer said, as he waited four weeks for US marshals to pick him up. Prison officials searched his cell after accusing him of not saying good morning to a guard. The officials accused Mr Martin of having two radios and punished him by placing him in solitary confinement. Mr Martin spent the next days locked up for 23 hours a day in an 8ft by 8ft cell with a plastic bed, toilet and sink, his lawyer said.

马丁的律师表示,在等待美国警官的四周时间里,马丁的境遇“甚至更为糟糕”。一天早晨,狱警指责马丁未向一位警卫问好,随后便搜查了他的牢房。他们指责马丁拥有两部收音机,并因此关了他禁闭。马丁的律师表示,在随后的几天中,马丁每天有23小时都被关在一个8英尺见方的牢房里,牢房里只有一张塑料床、一个马桶和一个洗手池。

On his third day in solitary, his lawyer said, Mr Martin tied his jacket around the bars of his cell in an attempt to exercise. A prison guard thought he was trying to commit suicide and brought him to the Sui Lam psychiatric facility where he spent the first two days in solitary confinement.

马丁的律师表示,在被关禁闭的第三天,马丁为了锻炼身体将他的上衣绑在了牢房的铁杆上。一名狱警认为他要自杀,因此把他送到小榄精神病治疗中心(Siu Lam Psychiatric Centre),在那里的头两天,他被单独关押在一间房子里。

After roughly 10 days at the psychiatric prison, Mr Martin was sent back to Lai Chi Kok. On March 23, almost three months after his arrest, three US marshals and two officials from Interpol arrived to take him to the airport.

在这所精神病治疗中心呆了大约10天以后,马丁被送回了荔枝角。3月23日,在被捕近3个月后,三位美国警官和两位来自国际刑警组织(Interpol)的官员来到荔枝角,把他带往机场。

Mr Martin sat handcuffed aboard the 12½ hour flight to San Francisco. He was then put on a flight to New York, where he was picked up by FBI agents and placed in leg irons for the drive to a jail in Brooklyn.

马丁戴着手铐坐了12个半小时的飞机抵达旧金山。随后他登上去纽约的航班。在纽约,他被交给美国联邦调查局(FBI)的特工,后者给他戴上脚镣,并驱车把他送往位于布鲁克林的一所监狱。

Mr Martin was not released because there was an immigration detainer on file against him. “As we understand it, that detainer was lodged in error,” Mr Krantz said.

由于马丁还受到一份移民拘捕令的约束,所以他未能获释。克兰茨表示:“据我们了解,这份移民拘捕令是错误的。”

Despite efforts by prosecutors to negotiate with immigration officials, Mr Martin was sent to the Metropolitan Correctional Center in Manhattan, where he spent the weekend.

尽管检察官努力与移民官员进行了协商,但随后马丁还是被送到了位于曼哈顿的大都会惩教中心(Metropolitan Correctional Center),他在那里度过了周末。

“Due to a lack of bed space at MCC, when Mr Martin arrived, he was placed in the Special Housing Unit,” his lawyer said, where he was locked in a cell with another inmate for nearly 24 hours.

马丁的律师表示:“由于大都会惩教中心没有足够的铺位,他被安置在‘特殊牢房单元’(Special Housing Unit)。”在“特殊牢房单元”,他和另一名囚犯被关押在一间牢房里近24小时。

After a court hearing the following Monday, and three months after his arrest, Mr Martin pleaded not guilty and was released on bail. He is staying at a flat in Manhattan awaiting trial.

在随后那个周一举行的法庭听证会后,马丁拒绝认罪并被保释,此时距离他被捕已有三个月之久。如今,他正呆在曼哈顿的一所公寓里等待庭审。


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