Facts
The German national [H.] was arrested upon entry into Switzerland on 1 February 1997 based on an Interpol Wiesbaden arrest warrant. On 4 February 1997, the Federal Office of Police (BAP) issued an extradition detention order against [H.], based on an arrest warrant of the Local Court of Landshut/D dated 4 July 1996 for theft committed on 12 November 1995 in Velden/A and on 18 November 1995 in Feldkirchen/A.
[H.] applied to the Indictment Chamber of the Federal Supreme Court to reject his extradition to Germany and to release him from custody. The Indictment Chamber dismissed the complaint. On 6 March 1997, the Bavarian State Ministry of Justice requested the extradition of [H.] for criminal prosecution and/or enforcement of sentence.
[H.] stated that he was willing to go voluntarily to any federal state of Germany, but not to Bavaria, as he feared for his life there. He would only agree to a simplified extradition if he was not extradited to the judiciary of the federal state of Bavaria. Under these circumstances, the BAP refrained from a simplified extradition.
On 25 April 1997, the BAP approved the extradition to Germany for the offenses underlying the request of 6 March 1997. [H.] then filed an administrative court appeal to the Federal Supreme Court, requesting that the decision of 25 April 1997 be overturned.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the alibi proof under Art. 53 IRSG is only relevant if it is proven that the person was not at the crime scene at the time in question. A merely partial alibi…