Facts
The complainant, a German national, was arrested in Switzerland on June 23, 1999, and placed in provisional extradition custody. He is accused by Argentina of unlawful registration of a born person as his own child. The complainant and his wife had received the child through the mediation of an Argentine national and registered it in Germany as their own child.
The married couple was convicted in Germany of indirect forgery of documents. The complainant requested that the extradition to Argentina be refused, as he had already been convicted in Germany for the same act and the principle of "ne bis in idem" would be violated.
Considerations
The Federal Court examined the extradition requirements and found that the principle of "ne bis in idem" is also applicable in extradition traffic with Argentina. Since the complainant had already been convicted in Germany of indirect forgery of documents, the extradition to Argentina was refused due to the violation of the principle of "ne bis in idem".
The court found that the extradition requirements were met, but the principle of "ne bis in idem" was opposed to the extradition. It was established that the complainant had already been convicted in Germany for the same act and that the extradition…