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XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS

XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS B. Corte Costituzionale, 3 March 1997, No. 58 Re: requested extradition of Priebke (Cf. also supra XILA.B.C) This case involved a constitutional challenge to Articles 8 and 9 of the European Convention on Extradition (implemented in Italy by Law No. 300 of 30 January 1963), on the grounds that those articles violate certain norms of the Italian Constitution. The relevant constitutional provisions are Art. 24(2), which guarantees the right to defense, Art. 25(1), which guarantees the right not to have the criminal proceedings removed from the competent jurisdictional authority, and finally Art. 112, which requires the exercise of criminal prosecution. On 16 July 1996, Germany requested from Italy the extradition of Erich Priebke, a German citizen, for alleged war crimes and crimes against humanity. Priebke was accused of having participated in the execution of 335 Italian civilians in Rome on 24 March 1944, during the wartime occupation of central and northern Italy. On 2 August, after the Tribunale militare (Military Judge of First Instance) of Rome had declared that the applicable statute of limitations had run, Priebke was released and was subsequently arrested by the criminal police. Until that time, the request for extradition had not been executed http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS

The Italian Yearbook of International Law Online , Volume 9 (1): 12 – Jan 1, 1999

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161399X00150
Publisher site
See Article on Publisher Site

Abstract

B. Corte Costituzionale, 3 March 1997, No. 58 Re: requested extradition of Priebke (Cf. also supra XILA.B.C) This case involved a constitutional challenge to Articles 8 and 9 of the European Convention on Extradition (implemented in Italy by Law No. 300 of 30 January 1963), on the grounds that those articles violate certain norms of the Italian Constitution. The relevant constitutional provisions are Art. 24(2), which guarantees the right to defense, Art. 25(1), which guarantees the right not to have the criminal proceedings removed from the competent jurisdictional authority, and finally Art. 112, which requires the exercise of criminal prosecution. On 16 July 1996, Germany requested from Italy the extradition of Erich Priebke, a German citizen, for alleged war crimes and crimes against humanity. Priebke was accused of having participated in the execution of 335 Italian civilians in Rome on 24 March 1944, during the wartime occupation of central and northern Italy. On 2 August, after the Tribunale militare (Military Judge of First Instance) of Rome had declared that the applicable statute of limitations had run, Priebke was released and was subsequently arrested by the criminal police. Until that time, the request for extradition had not been executed

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 1999

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