German Courts Narrowly Construe Rule of Specialty

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Thursday, April 1, 1993
Author: 
Bertold L. Baer
Volume: 
9
Issue: 
4
144
Abstract: 
In three recent extradition cases, German courts interpreted the so-called rule of specialty in Article 14 of the European Convention on Extradition of December 12, 1957. These decisions are the latest in a series of German court decisions which narrowly construe the rule of specialty. The principle of specialty means that the requesting state, which secures the surrender of a person, can prosecute that person only for the offense for which he or she was surrendered by the requested state or else must allow that person an opportunity to leave the prosecuting state to which he or she had been surrendered…[more]