Facts
On 5 October 1985, X., deputy director of a bank, was arrested in execution of an arrest warrant for the purpose of extradition issued by the Federal Office of Police (IFO) at the request of the Public Prosecutor of the Italian Republic. The warrant was revoked on 10 October 1985, and X. was released the following day. Subsequently, X. requested compensation for unjustified detention and other damages suffered during the extradition procedure. The IFO refused to consider the compensation request, and X. filed a complaint with the Indictment Chamber of the Federal Court.
The key facts of the case are as follows
- Arrest and detention of X. from 5 to 11 October 1985
- Revocation of the arrest warrant and release of X.
- Request for compensation for unjustified detention and other damages
- IFO's refusal to consider the compensation request
- Complaint filed by X. with the Indictment Chamber of the Federal Court
Considerations
The Indictment Chamber examined X.'s compensation request by referring to the provisions of the IMAC and the ACLA. It considered that the provisions of the ACLA were applicable by analogy, as the IFO had acted as an administrative authority in the context of the extradition procedure.
The Indictment Chamber also examined the question of whether X. had suffered damage as a result of the unjustified detention and other measures taken during the extradition procedure. It considered that X. had suffered moral damage as a result of the detention and measures taken, but that the amount of compensation requested was excessive.
The Indictment Chamber also examined the defense costs incurred by X. during…