Facts
The case concerns a complainant ([X.] ) who had married his wife ([A.] ) in 2004. They have two sons ([B.] and [C.] ). In March 2009, the District Court of Frauenfeld issued a marital protection order that transferred parental custody of the children to [A.] . [X.] was granted weekly visitation and vacation visitation rights.
On August 19, 2010, [X.] picked up his children and instead of returning them as agreed on August 22, 2010, he traveled with them to [D.] /Tunisia, where the children have lived since then.
In two criminal proceedings, [X.] was convicted of abduction and removal of minors. In the first proceeding, the District Court of Winterthur found him guilty on January 19, 2012 of multiple aggravated deprivation of liberty and abduction, multiple removal of incapacitated persons, and attempted extortion, and sentenced him to 8 years' imprisonment. The High Court of the Canton of Zurich reduced the sentence to 6 years on September 10, 2012.
In the second proceeding, the District Court of Dielsdorf found [X.] guilty on August 28, 2015 of aggravated abduction and removal of incapacitated persons and sentenced him to 4 years' imprisonment. The High Court of the Canton of Zurich upheld this verdict on December 15, 2016.
Considerations
The lower court examines and denies a violation of the sovereignty of the extraditing state of Morocco. It concludes that the complainant did not enter the territory of the prosecuting state or the jurisdiction of Switzerland. However, the decisive factor is whether the complainant was deprived of the extradition law immunity of Tunisia through abusive machinations. This is also possible if the person is induced by the authorities of the prosecuting state to go to a territory other than that of the prosecuting state in a treacherous manner.
The lower court leaves open whether and in what way the Swiss authorities and Respondent 2 (as a tool) cooperated, resulting in the arrest of the…