World Law Bulletin: February 2004   [open pdf - 347KB]

This issue of the monthly publication of the Law Library of Congress includes the following relevant titles: 'Germany: Extradition of Yemeni Terrorist to the United States Upheld'. "On November 5, 2003, the Second Panel of the Federal Constitutional Court [docket number 2 BvR 1506/03] refused to accept a constitutional complaint by a Yemeni citizen whose extradition to the United States had been approved by a German appellate court. The petitioner had been lured from Yemen to Germany by a Yemeni citizen who was an agent of the United States under the pretense of meeting financial donors for his terrorist cause in Germany. After his arrival in Germany, the United States petitioned Germany for extradition and Germany complied by detaining the petitioner and by setting the extradition proceeding in motion. The petitioner and the Republic of Yemen claimed that the conduct of the United States constituted a kidnapping in violation of international law. The Constitutional Court found that no general rule of international law existed that had been violated. The Court also disregarded the petitioner's claims that the United States would violate due process in its interrogation method. The Court held that a certain amount of trust had to be extended to the United States because of the existing bilateral extradition treaty (signed June 20, 1978, 32 UST 1485, TIAS 9785). Moreover, the United States had promised to try the extradited person in a regular criminal trial in the United States and not to put him before a military tribunal or to detain him outside the country."

Report Number:
Law Library of Congress World Law Bulletin 2004.02, February 2004
Public Domain
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Federation of American Scientists: http://www.fas.org/
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