Facts
The Federal Office for Police Matters ordered the provisional extradition detention against the Turkish national Y. on August 17, 1990, upon a request from Interpol Ankara from January 1990. The extradition detention order was based on a warrant of arrest issued by the judicial authorities in Adiyaman, Turkey, on June 22, 1981. Y. was accused of belonging to a criminal organization, murder, armed robbery, and a bomb attack.
The Indictment Chamber of the Federal Court dismissed a complaint against the extradition detention order on September 7, 1990. On September 12, 1990, the Federal Office rejected the extradition request, as Y. had committed the offences attributed to him within the framework of his political activity within the KAWA organization. On the same day, Y. was released.
Y. requested a formal decision from the Federal Office for the discontinuation of the extradition proceedings, access to the extradition request, and compensation for the unjustified detention. The Federal Office rejected the requests for monetary payments and legal fees.
Considerations
The Federal Court states that although the Federal Office did not issue a formal decision on the discontinuation of the extradition proceedings, the diplomatic note to the Turkish embassy is to be considered a decision within the meaning of the Administrative Procedure Act. The Federal Office should have issued a formal and reasoned declaratory decision to Y. regarding the conclusion of the extradition proceedings.
Regarding the compensation for unjustified detention, Y. is entitled to compensation in accordance with Article 15 of the…