Facts
On January 26, 1996, the Republic of Kazakhstan requested the extradition of Kazakhstani national A., residing in Geneva, from Switzerland. This request was made for the purposes of the criminal proceedings initiated against A. by the Special Prosecutor of the Republic of Kazakhstan responsible for the fight against corruption.
In its diplomatic note of January 5, 1996, the Ministry of Foreign Affairs of Kazakhstan confirmed the requesting State's commitment to grant Switzerland the extradition of any person - except Kazakhstani nationals - sought for acts similar to those imputed to A. It also guaranteed the respect of human rights and the prohibition of the death penalty, inhuman or degrading treatment, as well as the right of visit by Swiss representatives.
On April 9, 1997, the Federal Office granted the extradition of A. to Kazakhstan, under various conditions, including the commitment of the Kazakhstani President to respect the independence and impartiality of the judicial authorities in charge of the proceedings.
Considerations
The Federal Tribunal examined whether the guarantees offered by Kazakhstan were sufficient in light of Article 2(a) of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), which requires that the proceedings abroad be in conformity with the principles of the European Convention on Human Rights (ECHR) and the UN Covenant II.
Although the Kazakhstani judicial system presents risks of…