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McF v. Public Prosecutor GK and Another v. Netherlands

The Netherlands.  01 July 1986 ; 21 October 1986 ; 02 December 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Political offence — Definition — Activities of para-military group seeking unification of Ireland — Bomb attack on bar allegedly used by para-military group opposed to the unification of Ireland — Offences committed while escaping from prison — Whether constituting political offences — Requirement that offences be of a purely political nature — Proximity test — Whether commission of offences too remote from stated goal — Significance of motives of accused — Accused treated as special category prisoner by United Kingdom authorities following conviction for participation in bomb attack on bar — Significance

Extradition — Extraditable offence — Principle of reciprocity — Whether presumption that offences forming the basis of extradition request constituting extraditable offences under law of requesting State — Whether specific reference required in treaty in order to constitute extraditable offence

Human rights — Enforcement — By municipal courts — Extradition request — Allegation that requesting State would violate rights of the accused under European Convention on Human Rights, 1950 — Requesting State allowing individuals to petition European Commission of Human Rights in accordance with Article 25 of the European Convention — Whether court of requested State precluded from investigating allegations

Claims — Exhaustion of local remedies — Application of local remedies rule — Extradition — Accused alleging that extradition violating European Convention on Human Rights, 1950 — Application by accused to courts of requesting State seeking injunction preventing his extradition to requested State until his case decided by European Commission of Human Rights — Whether granting of injunctive relief constituting a local remedy and thereby barring further proceedings before the European Commission — European Convention on Human Rights, 1950, Article 26

Treaties — Interpretation — Principles of interpretation — Municipal legislation as an aid to treaty interpretation — Extradition treaty — Municipal legislation setting legal parameters for conclusion of future extradition treaties with foreign States — Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Conduct of foreign relations — Discretionary powers of executive in the conduct of foreign governments — Scope of judicial review — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1995

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