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In re Schmidt

United Kingdom, England.  26 November 1993 ; 30 June 1994 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Nature of extradition proceedings — Relationship between Executive and judicial roles in extradition — Safeguards against abuse of process — Whether courts of requested State entitled to refuse extradition on the ground that the accused was tricked into entering the requested State — Importance of extradition arrangements — European Convention on Extradition

Human rights — Liberty of person — Right not to be deprived of liberty except in accordance with law — Accused person tricked into leaving one State and visiting another — Whether violation of law of first State — Role of courts in second State

Jurisdiction — Executive — Allegedly illegal arrest and detention — Role of courts in relation to abuse of process — Accused person tricked into leaving first State and entering second State — Extradition from second State then sought by authorities of third State — Whether comparable to cases of forcible abduction — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1998

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