Facts
On June 23, 1997, the Investigating Judge of the Canton of Geneva issued an arrest warrant against A., a Greek national suspected of fraud and breach of trust. A. was arrested in Geneva on June 26, 1997 and immediately placed in pre-trial detention.
On June 27, 1997, the Greek authorities requested the Federal Office of Police to extradite A., for the execution of two arrest warrants issued on February 17, 1996 and February 14, 1997 by the Prosecutor at the Court of Appeal of Piraeus against A., charged with fraud. Extradition was also requested for the execution of fifteen final convictions, totaling a sentence of twenty-six years of imprisonment.
On July 7, 1997, the Federal Office granted the extradition of A. to the Hellenic Republic, but the effects of this measure were postponed until a decision was made on the charges for which A. was being prosecuted in Switzerland.
On September 16, 1997, the United States Department of Justice requested the Federal Office to arrest A. for the purpose of extraditing him to the United States on charges of wire fraud and false statements to a government agency.
On July 7, 1998, the Federal Office granted the extradition of A. to the United States and authorized the United States to subsequently re-extradite A. to Greece.
Considerations
The Federal Tribunal considered that the decision of the Federal Office on July 7, 1998 to grant the extradition of A. to the United States was justified. Although the Greek request, which was clearly earlier, could have tipped the balance in favor of Greece due to the seriousness of the offenses attributed to A. in that country, other elements were taken into account.
Indeed, the extradition of A. to Greece would have shielded him from any prosecution for the acts committed in the United States, as Greece does not extradite its own nationals. The solution adopted in the challenged decision has the advantage of not shielding the appellant from any of the charges…