2005 Letter of Assistant United States Attorney Anjan Sahni).
The District Court agreed with the government. Explaining that the "issue arises because of [Bosnia's] change from a civil law to a common law system[[13]] since the issuance of the original Demand against Sacirbey," the District Court found that "the investigative functions which had been vested in [Bosnia's] civil law courts were transferred to independent prosecutors at the cantonal and national levels[, and] a National Court system was established, equivalent to the United States federal court system, and a new National Criminal Code was adopted." Sacirbey, 2006 U.S. Dist. LEXIS 64577 at *23 n.12. The District Court concluded that, "by the time the United States Government filed the Complaint, the Investigative Office of the Cantonal Court that had issued theSacirbey has not been "charged" with an extraditable offense pursuant to the terms of the extradition treaty between the United States and Bosnia. He is therefore entitled to habeas relief.
We also note, in passing, that, if Bosnia renews its request to extradite Sacirbey, the Department of State is authorized by the extradition treaty and by statute to refrain from extraditing Sacirbey because he is a citizen of the United States. An exercise of that discretion might be warranted if Bosnia renews its extradition request and the Department of State determines that the investigation into Sacirbey's tenure as United Nations Ambassador is motivated by a political vendetta, or that Sacirbey faces mistreatment if he is delivered into Bosnian custody, or for any of the other grounds available to the