Decision No. 454/1993 of the Supreme Court
|Publisher||Greece: Supreme Court|
|Author||Supreme Court of Greece|
|Citation / Document Symbol||SC 454/1993|
|Other Languages / Attachments||Greek|
|Cite as||Decision No. 454/1993 of the Supreme Court , SC 454/1993 , Greece: Supreme Court, 1993, available at: http://www.refworld.org/docid/3f4f80a74.html [accessed 18 December 2013]|
|Comments||This is a summary in English provided by UNHCR Athens.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Summary of facts: On
Point of law: The European Extradition Convention does not allow the requested State to investigate the foundation of the accusation and the condemnation.
Reasoning and decision:The Court based itself on art. 436 of Criminal Procedures Code (CPC), art. 2 para. 1 and art. 12 of the European Extradition Convention and rejected the claim of the Appelant that the Council of Justices of the Court of Appeal should have examined the foundation of the accusation and condemnation by the Italian authorities. The main task of the Council, in such cases, according to art. 450 1 a' of the CPC, is to verify that the person arrested is the same with the person sought.
The Supreme Court confirmed the decision of the Council of the Court of Appeals, in favor of the extradition.
Note: After the person sought was surrendered to the Italian authorities, he asked for a judicial review of his case there, was set free on conditions and, finally acquitted. He regained his refugee status in Greece since the Greek authorities considered the relevant decision of withdrawal as "having never been issued".