Facts

On 9 December 1983, an arrest warrant was issued by the Investigating Judge no 9 of Valencia (Spain) against the Italian national S., accused of brigandage. On 13 December 1983, the Federal Office of Police (IFO) ordered the arrest of S., who was already in pre-trial detention in the canton of Geneva for other offenses. On 19 December 1983, S. appealed to the Court of Indictment against the arrest warrant, requesting a deadline to provide evidence that he was in Italy at the time of the offenses alleged in Spain.

The parties involved are

  • S., the appellant
  • The Court of Indictment, the appeal authority
  • The Federal Office of Police (IFO), the authority that ordered the arrest
  • The Investigating Judge no 9 of Valencia (Spain), the authority that issued the arrest warrant

Considerations

The Court of Indictment considered that the arrest warrant for extradition purposes does not take effect as long as the person being prosecuted is detained for the purposes of an investigation or the execution of a judgment, in accordance with art. 49 IMAC. Consequently, the appellant is not entitled to challenge the arrest warrant in question, since it does not currently have any effect.

Furthermore, the Court of Indictment estimated that the appellant's arguments are irrelevant, as the arrest warrant can only be waived if an alibi can be provided without delay, in accordance with art. 47 para. 1 letter b IMAC. The mere allegation of an alibi and the announcement of forthcoming evidence do not meet…