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US seized American heir’s cellphone in violation of treaty agreement, lawyer says

US seized American heir’s cellphone in violation of treaty agreement, lawyer says

Summary

A lawyer for U.S. citizen James “Fergie” Chambers says Spanish authorities transferred his cellphone to the FBI while Spain considers a U.S. extradition request. Chambers’s defense says the transfer violated Spanish law and a U.S.-Spain treaty, and has asked an appeals court to return the phone and explain its handling.

Key Facts

  • Spanish police arrested Chambers in July, and he is imprisoned in Madrid while Spanish courts consider his extradition to the United States.
  • The U.S. extradition request includes allegations that Chambers supported Hamas and charges linked to a protest against Israeli arms maker Elbit Systems.
  • Chambers’s lawyer, Aitor Martínez, says the court had given written assurances that the phone would remain in its custody during the extradition case.
  • The defense says it learned that the phone had been turned over to the FBI and has asked an appeals court to order its return and disclose who authorized the transfer and whether the phone was accessed.
  • Martínez says a 1970 U.S.-Spain treaty allows the requesting country to receive a person’s possessions only if extradition is granted.
  • Chambers has applied for political asylum in Spain; the article says Spanish law bars extradition until the asylum process is complete.
  • A judge denied Chambers’s request for provisional release earlier in October, citing his wealth as part of the flight-risk assessment.
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