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McF v. Public Prosecutor GK and Another v. Netherlands
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Political offence — Definition — Activities of para-military group seeking unification of Ireland — Bomb attack on bar allegedly used by para-military group opposed to the unification of Ireland — Offences committed while escaping from prison — Whether constituting political offences — Requirement that offences be of a purely political nature — Proximity test — Whether commission of offences too remote from stated goal — Significance of motives of accused — Accused treated as special category prisoner by United Kingdom authorities following conviction for participation in bomb attack on bar — Significance
Extradition — Extraditable offence — Principle of reciprocity — Whether presumption that offences forming the basis of extradition request constituting extraditable offences under law of requesting State — Whether specific reference required in treaty in order to constitute extraditable offence
Human rights — Enforcement — By municipal courts — Extradition request — Allegation that requesting State would violate rights of the accused under European Convention on Human Rights, 1950 — Requesting State allowing individuals to petition European Commission of Human Rights in accordance with Article 25 of the European Convention — Whether court of requested State precluded from investigating allegations
Claims — Exhaustion of local remedies — Application of local remedies rule — Extradition — Accused alleging that extradition violating European Convention on Human Rights, 1950 — Application by accused to courts of requesting State seeking injunction preventing his extradition to requested State until his case decided by European Commission of Human Rights — Whether granting of injunctive relief constituting a local remedy and thereby barring further proceedings before the European Commission — European Convention on Human Rights, 1950, Article 26
Treaties — Interpretation — Principles of interpretation — Municipal legislation as an aid to treaty interpretation — Extradition treaty — Municipal legislation setting legal parameters for conclusion of future extradition treaties with foreign States — Vienna Convention on the Law of Treaties, 1969
Relationship of international law and municipal law — Conduct of foreign relations — Discretionary powers of executive in the conduct of foreign governments — Scope of judicial review — The law of the Netherlands
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- © Cambridge University Press 1995