Facts
On 16 March 1989, the Criminal Court of Bern convicted Pascal Hêche to 22 months' imprisonment, in particular for qualified damage to property, and to the payment of 170,677 francs as compensation for the damage, a sum owed to the City of Bern with 5% interest as of 13 October 1986. This decision was upheld on appeal by the Supreme Court of the Canton of Bern on 2 July 1990.
Pascal Hêche then filed a public law appeal and a nullity appeal against the judgment of 2 July 1990 with the Federal Tribunal, which were dismissed on 20 December 1991. The judgment therefore became res judicata.
On 31 December 1991, the Prefect of Bern invited the Cantonal Police Directorate to execute the sentence. However, the Department of Justice, Health and Social Affairs of the Canton of Jura refused to hand over Pascal Hêche to the Bernese authorities, considering that the offence had a political character.
Considerations
The Indictment Chamber of the Federal Tribunal first recalled that intercantonal judicial assistance is governed by Articles 352 et seq. of the Swiss Criminal Code, which in principle provide for an obligation for the cantons to assist each other.
However, Article 352(2) CrimC provides for an exception when the case relates to a political crime or offence. The Indictment Chamber then examined…