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BGE 32 I 84 ΓÇó Extradition law confers no private right to a venue guarantee
BGE 32 I 84Recueil officiel du Tribunal fédéral (ATF) / Volume I24 juil. 1852Dismissed
Ludwig Bieri complained to the Federal Court after Valais authorized his extradition to Zurich and the transfer had already been executed. He argued that Zurich was not competent to prosecute the alleged fraud attempt. The Federal Court held that the Federal Extradition Act of 24 July 1852 governs inter-cantonal legal assistance and does not confer on the accused any substantive right to resist extradition on grounds of jurisdiction or venue. The complaint was therefore dismissed.
Federal Act of 24 July 1852 on the extradition of criminals or accused persons; the affected individual has no substantive claim to a particular criminal venue or to refusal of extradition on grounds relating to the nature or circumstances of the offence. The Act regulates inter-cantonal legal assistance and protects the private person only insofar as he may insist on observance of the prescribed procedure and obtain a cantonal decision on refusal of recognition (Arts. 8 and 9). Proceedings concerning extradition are provided only between cantons (Arts. 10 and 11), not between a canton and the private person concerned; consequently, no guarantee of venue can be derived from the Act (consid. 1).
Annahme einer solchen Garantie ausgeht, ohne weiteres als un begründet; - erkannt: Die Beschwerde des L. Bieri wird abgewiesen.