Key legal question
Whether the Federal Court has jurisdiction to hear a third-party objection against extradition of seized property when the extradited person did not oppose extradition.
Extracted holding
No. The surrender of seized items under Art. 27 AuslG is accessory to the extradition of the person, and the Federal Court may deal with it only when it is competent to decide the person's extradition upon that person's own objection under Arts. 23 and 24 AuslG.
Extracted reasoning
Arts. 22-24 distinguish between cases decided by the Federal Council and cases decided by the Federal Court. Article 27 treats the surrender of papers, valuables, and other seized items as an accessory to the personal extradition decision. Since Schmidt consented and raised no objection, only the Federal Council was competent; therefore the Federal Court lacked competence over Litholin's third-party objection.