Facts
The appellant, an Austrian national, was being prosecuted by the Austrian judicial authorities for property offenses. The Federal Office of Justice (FOJ) ordered provisional extradition custody and later approved the extradition to Austria. The appellant filed an administrative court appeal against the extradition decision and requested the dismissal of the extradition request and immediate release from custody.
The appellant argued that the request contained obvious errors and contradictions and that he had an alibi for the relevant period of the offense. He also invoked a violation of Art. 8 ECHR and his constitutionally protected right to family life.
Considerations
The Federal Court examined the extradition requirements and found that the assessment of extradition requests from the Republic of Austria is carried out under the European Extradition Convention (EEC) and Swiss national law. The court concluded that the extradition decision of the FOJ was not objectionable and that the extradition requirements were met.
The court also rejected the appellant's complaint that the request contained obvious errors and contradictions. It found that the information in the request for legal assistance and its annexes enabled the Swiss authorities to verify whether there were sufficient indications of an extraditable offense.
The court also examined the appellant's alibi evidence and found that it was not conclusive. It concluded that the appellant did not demonstrate how it was excluded that he could have traveled to his home country for a few days between early and mid-February 2003.
The court also rejected…