Legal tug-of-war with a Chinese

The Federal office of justice (BJ) would like to deliver a Chinese nationals to the United States. The United States entered into force in June of this year, with a corresponding request to the Switzerland. She accuses the man, at the American Ebay offshoots of diverse pieces of equipment to have without a permit purchased. The product was an enhanced night-vision goggles, a non-lethal, point of view, to interrupt the Laser in the jargon Blender, called for a target exposure pointer and a four-zinc-mouth adapter for firearms.

The man is resisting the extradition, among other things, with the Argument that he was a "political Persecution".

Already on the 28. October, decided by the appeals chamber of the Federal criminal court , Switzerland should not deliver the man to the United States. The same court rejected the BJ at 19. November to dismiss the Valais imprisoned man out of prison.

The BJ shows but adamant. It wants to deliver to the Chinese to the United States and is also due to the release immediately to the Federal court . The Federal court has on 20. November has, of the U.S. Department of justice, authorities Searched must provisionally remain in custody. The question of extradition has not been decided, the Lausanne-based court, however, still. Thus, the legal wrangling continues around the man.

no detention compensation

the appeals chamber of The Federal criminal court confirmed in its latest decision on the case of the Chinese his previous stance, according to which no dual criminality under Swiss and U.S. law exists. Since the delivery of the man "due to the lack of dual criminality is, according to the court, manifestly inadmissible, does not justify the detention pending extradition, and, therefore, to repeal" means in the sentence.

Only the lawyer required compensation, the court refused to. "Any compensation claims are a posteriori, i.e. after the final legal conclusion of the extradition proceedings to assess," writes the court.

Federal criminal court criticized Seco

In the as-delivered case also, the state Secretariat for economic Affairs (Seco) is involved. The YEAR the Seco called in the summer, to clarify an opinion, whether it was in the case of the goods according to the Swiss law of war material, without authorisation not be exported may be. The Seco confirmed that a licensing requirement would have passed. On this basis, the YEAR approved on the 22. August the delivery of the Chinese.

But the Federal criminal court openly criticized the work of the Seco. In the decision from 28. October, it means: "The Letter of the Seco is a real justification of why the individual items are not covered under the permit subject categories to see. In the future, a detailed justification would be welcome."

Several questions remain to be settled

the offence of money laundering keeps the Federal criminal court on the basis of the Swiss Law are not fulfilled. the money laundering accuses the U.S. Department of justice, the man, because he was in the United States the acquisition of goods to a domestic delivery address, in order to transfer them afterwards to Hong Kong, and because he declared the purchases as toys and $ 100 is too low purchase value was reported.

There is still to clarify various issues. How did Switzerland, the husband is in the Canton of Valais? Why is the man politically? It is the Chinese to be a member of the Hong Kong protest movement? Neither the BJ nor the Seco and the lawyer of the accused want to Express currently the case.

Created: 02.12.2019, 15:03 p.m.