US seeks extradition of Iranian hacker arrested in Montenegro

The Ministry of Justice of Montenegro has accepted on July 15 the request of the United States of America for the extradition of Iranian citizen Amir Barati, the ministry confirmed to Radio Free Europe (RFE/RL).

Barati is in extradition custody after being arrested on June 25 in Kotor, in a Montenegrin police operation conducted in cooperation with the US Federal Bureau of Investigation (FBI).

His lawyer, Milena Knežević, had previously confirmed to REL that Barati is in extradition detention, while the US Embassy in Podgorica stated that it could not comment on the details of the case.

US authorities accuse Barati of participating in organized cyberattacks against at least 150 American universities, stealing confidential data and intellectual property, causing damages estimated at more than $3.4 billion. According to the indictment, the attacks were carried out on behalf of Iran's Islamic Revolutionary Guard Corps (IRGC).

According to his lawyer, Barati is not a citizen of Montenegro and does not have a temporary or permanent residence permit in this country.

Montenegrin police have announced that Barati has Iranian and Turkish citizenship.

Connection to the “Mabna Group” case

Although Amir Barati's name does not appear in the public US indictment against the so-called "Mabna Group" from 2018, the data published by the Montenegrin police almost completely matches the elements of that case.

The indictment against the Mabna Institute in Tehran and nine Iranian nationals alleges that, on behalf of the Islamic Revolutionary Guard Corps, they carried out cyberattacks on more than 320 universities around the world, including about 144 in the United States.

The US Attorney's Office estimated the damage caused at around $3.4 billion - the same amount mentioned in the Barat case.

None of the nine Iranian nationals charged in that case have been arrested or brought to justice in the United States.

How does the extradition procedure take place?

According to the Law on International Legal Assistance in Criminal Matters, adopted in 2026, detention for extradition can last until a final decision on extradition is made, while previously it had a limited term.

The country requesting extradition, in this case the US, has 40 days to submit a formal request. If this is not done within the deadline, the detention is lifted.

After receiving the request, the Ministry of Justice of Montenegro sends the documentation to the competent court, which then forwards it to the defense.

The court schedules a hearing where it examines whether all legal conditions for extradition have been met, including the issue of citizenship, the risk of political, religious or racial persecution, possible human rights violations, and the risk of the death penalty.

The first instance decision is made by a panel of three judges, following the opinion of the investigating judge. The case is then automatically sent to the Court of Appeal.

If the court finds that the conditions for extradition do not exist, the person is released. Otherwise, the procedure continues through the appeal process.

The final decision, following the final court decision, is made by the Minister of Justice of Montenegro.

In parallel with the extradition procedure, an asylum application may be filed, which postpones extradition until a decision on international protection is made. If asylum is approved, extradition cannot take place.

A constitutional complaint may be filed with the Constitutional Court of Montenegro against the decision of the Court of Appeal. Although this complaint does not automatically suspend extradition, case law shows that in certain cases the Constitutional Court may temporarily suspend its execution until the appeal is considered.

Cooperation between Montenegro and the USA

Montenegro and the United States do not have a bilateral extradition agreement, but over the past few years have developed a close practice of cooperation in extradition procedures.

One of the most well-known cases is that of South Korean citizen Do Kwon, who was arrested in Montenegro in March 2023 and, after a long court process and the final decision of the Minister of Justice, was extradited to the United States in December 2024.