Gilette v. Ministère Public Fédéral

Abstract

The individual in international law — Extradition — Conditions of — Re-extradition to third State — Requirement of consent by original extraditing State — Applicable bilateral legal relations — Whether consent of accused to re-extradition also required — Whether fact that person sought is present involuntarily in requested State relevant — The law of Switzerland

Treaties — Interpretation of — Agencies of interpretation — Extradition treaties — Interpretation of old treaties by reference to modern international treaty practice of contracting party — The law of Switzerland

The individual in international law — Extradition — Miscellaneous — Re-extradition to third State — Requirement of consent by original extraditing State — Applicable bilateral legal relations — Germany-Switzerland Extradition Treaty, 1874 and Exchange of Notes, 1936 — Whether consent of accused to re-extradition also required — Primacy of treaty provisions over municipal law — France-Switzerland Extradition Treaty, 1869 — Interpretation by reference to modern Swiss extradition treaty practice — Whether fact that person sought is present involuntarily in requested State relevant — Whether fear of prosecution for political crime not mentioned in extradition request relevant where prohibited by extradition treaty — The law of Switzerland