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Eain v. Wilkes
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Political offence — Application — Whether application of political offence exception a matter for the Executive or the courts — Definition of political offence — Bomb attack on civilians — Whether capable of amounting to a political offence — Whether reasonably incidental to political upheaval — Accused a member of Al Fatah organization — Whether membership of organization indicative that offence political — Significance of motives of accused
Extradition — Procedure — Evidence — Whether disclosing probable cause — Evidence of accomplice — Whether accused entitled to challenge evidence adduced by requesting State — Confession — Whether accused entitled to submit evidence of retraction
Extradition — Speciality — Allegation that requesting State seeking accused’s extradition in order to punish him for membership of organization — Challenge to good faith of requesting State — Whether a matter for the Executive or the courts — The law of the United States
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- © Cambridge University Press 1989