C v. Federal Police Department

Abstract

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Switzerland-Belgium Extradition Treaty, 1874 — Whether requested State required to seek assurance that death penalty will not be imposed — Rule of domestic law requiring such assurance to be obtained — Whether conflicting Treaty taking precedence — European Convention on Extradition, 1957, Article 11 — Whether having any effect upon requesting State prior to ratification by that State — Whether any binding rule of international public policy concerning death penalty — Effect of Article 2(1) of European Convention on Human Rights, 1950

Extradition — Concurrent requests for extradition — European Convention on Extradition, 1957, Article 17 — Principles applicable in deciding which request should take priority — Requesting States not both bound by treaty containing rule similar to Article 17 — Exercise of discretion by authorities in requested State — Relevant factors — Relative gravity of different offences committed in the requesting States — Whether re-extradition would be possible

Relationship of international law and municipal law — Treaties — Application by municipal courts — Conflict between treaty and municipal legislation — Whether treaty prevails — The law of Switzerland