CvH and Another v. Netherlands

Abstract

Extradition — Specialty — Extradition request concerning offences relating to kidnapping — Not all offences forming basis of extradition request enumerated in Extradition Treaty — Treaty permitting Contracting Parties to supplement offences enumerated in Treaty — Whether extradition request violating principle of specialty — France–Netherlands Extradition Treaty, 1895

Extradition — Disguised extradition — Attempt to achieve object of unsuccessful extradition request by means of deportation order — Legality — Requesting State failing to secure extradition of person claimed for all offences specified in extradition request — Subsequent withdrawal of extradition request by requesting State — Whether withdrawal constituting an invitation to requested State to deport person claimed to requesting State

Extradition — Procedure — Withdrawal of extradition request — Whether requesting State having right to withdraw extradition request prior to receiving person claimed

Relationship of international law and municipal law — Conduct of foreign relations — Relations with foreign government — Diplomatic note sent to foreign government regarding the lodging of extradition request — Whether subject matter of diplomatic note raising justiciable question — The law of the Netherlands