SIG v. Public Prosecutor

Abstract

Human rights — Enforcement — European Convention on Human Rights, 1950 — Enforcement by national courts — European Convention on Human Rights, 1950 — Extradition of applicant to non-Convention State — Allegation that trial and sentencing procedures in requesting State would be in violation of Convention — Whether court required to investigate veracity of allegations — Decision turning on whether prosecution and sentencing procedures of requesting State in accordance with fundamental principles of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with Convention

Extradition — Conditions — Requirement that extradition should not violate European Convention on Human Rights, 1950 — Bilateral extradition treaty — Requesting State not party to Convention — Principles by which courts of requested State ensuring extradition to requesting State not causing breach of Convention — Presumption that requested State only entering into extradition treaties with States having prosecution and sentencing procedures in accordance with Convention — Principle of pacta sunt servanda

Treaties — Application — By municipal courts — Conflicting treaty obligations — Resolution of conflict by municipal courts — Obligations under extradition treaty allegedly causing breach of obligations under European Convention on Human Rights, 1950 — Whether Convention taking precedence over provisions of the Netherlands-United States Extradition Treaty, 1980 — The law of the Netherlands