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CASE STUDY. The case study will deal with a situation in which an African suspect of terrorist acts - committed on political grounds - has come to The Netherlands, which invited him to attend a meeting devoted to peace negotiations in The Hague, Peace Palace.

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CASE STUDY

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Case study

CASE STUDY

The case study will deal with a situation in which an African suspect of terrorist acts - committed on political grounds - has come to The Netherlands, which invited him to attend a meeting devoted to peace negotiations in The Hague, Peace Palace.

Upon arrival, the USA asks the extradition of this person. At the same time Portugal, as well as France, asks for the same kind of cooperation.

The three claimant parties provide documents charging and incriminating the suspect stemming from Interpol and Europol sources.


Moot court

Moot Court

By G.A.M. Strijards

Professor by special appointment Groningen University

The idea is: to have a “Moot Court” sitting on the case. After the presentation of the relevant facts by Ms Marleen Holthuis,

You are invited to split up in four groups:

  • JudgesThe group of the judges ruling on the admissibility of the extradition;

  • Claimant PartiesThe group of the claimant parties asking for cooperation and assistance

  • Public ProsecutorThe group of the public prosecutor, requiring extradition, cooperation and assistance on behalf of the Minister of Justice;

  • DefenceThe group of the attorney for the defence.

You will be guided by ten legal questions, putted forward by Prof. Strijards. Try to ponder upon each question, looking at each question from your special paradigm as party or judge in this procedure.

The case is a hypothetical one. Nevertheless, a analogous case has been brought to the cognizance of the The Hague District Court. The Court never reached any verdict…


Explanation of procedures

Explanation of Procedures

  • Introduction

  • Case Study in groups

  • Moot Court

  • Reporting and discussion

  • Closing remarks by the Chair


Time frame

Time frame

  • 11:15

    • Explanation of procedures

    • Introduction of the case

  • 11:40Division in 4 groups: Case Study

  • 12:30 Lunch

  • 13:30Case Study - continuation in groups

  • 13:45Moot Court

  • 14:45Reporting and discussion

  • 16:30Closing remarks by the Chair


Introduction of the case

Introduction of the Case

By Marleen Holthuis LL.B

Affiliated with Groningen University

  • The claimed person Mr. Tamko (Fictive name, fictive photograph)

  • Location of Angola and Cabinda

  • Struggle + war for independence

  • AARFTL


Case 2

Case (2)

  • BEOWATZE

    • Invited Mr. Tamko with full knowledge of Foreign Affairs (NL)

    • To play a key role in peace negotiations between Angola and Cabinda

  • Special Status of Mr. Tamko ??? Official, diplomat, military, activist…?

  • Facts:

    • Invitation of official NGO: BEOWATZE

    • Cooperation of Foreign Affairs:

    • ‘Special’ Visum to avoid NSIS


Case 3

Case (3)

  • Peace Palace The HagueInternational Court of Justice of the United Nations

    • A venue with great status

    • On which steps Mr. Tamko was arrested by Dutch police

  • BEOWATZE recognized by the UN

  • Territorial or extraterritorial jurisdiction ?? Or none???


Case 4

Case (4)

  • Foreign Affairs

    • providing visa for Mr. Tamko

  • Foreign Affairs

    • Received requests for extradition regarding Mr. Tamko on arrival at Schiphol airport

  • Echelon-tapping… inadmissability?


Case 5

Case (5)

  • Parties involved:

    • USA, request for extradition

    • France, request for extradition

    • Portugal, request for extradition

    • The Netherlands,

      • Host Country to the Peace Conference

      • Arresting “the suspect”

      • Judging the requests, and circumstances in Court


Case 6

Case (6)

  • Passive Personality principle

    • Admissability for USA, France and Portugal for a national of Angola

  • Extradition on political grounds??

  • Priority of the extradition requests


Law questions available in hard copy

Law questionsavailable in hard copy

  • Has a person who has been invited by a State to attend a diplomatic summit a privileged Status in that country? If so, what kind of Status?

  • Is the Peace Palace to be considered as an extraterritoriality in the Netherlands?

  • If the arrest and detention of a claimed person is unlawful, does that prompt the inadmissibility of his extradition?

  • If the evidence gathered against a claimed person has been obtained illegally, does that prompt the inadmissibility of his extradition?

  • If a claimant State does rely its jurisdiction on the principle of absolute passive personality, does it affect the admissibility of interstatal cooperation, given the fact that such jurisdictional scope is antithetical to international law?

  • Could a terrorist act be considered as a political crime under international law? If so, what consequences should that have in this case?

  • Does the principle of “speedy trial” apply in extraditional matters?

  • If extradition is unlawful, does that affect the competence of the requesting party to exercise penal enforcement power?

  • If extradition for a terrorist act has to be denied, is the administering party under the obligation to exercise its national penal enforcement power according to current international law?

  • If the territorial State has pardoned a crime, could a third State nevertheless exercise its penal enforcement power over that crime.


Division in to groups

Division in to groups

Judges Rapporteur:Irka KuleshnykRoom: I:Grachtensoos

ProsecutorsRapporteur:Alejandra Voigt

Room: IIHoutzagerszaal

Defense LayersRapporteur:Mikhaïl WladimiroffRoom: IIIBrouwerzaal

Claimant Parties

USA

France

Portugal

Rapporteur:Nice Keijzer

Room: IV Prinsezaal


Group members

Group members

Judges

Rapporteur: Irka Kuleshnyk

Alberto Fabbri

Alusine Kamara

Benchaâ Dani

Berend Keulen

Chi Kong

Francois Falletti

Ghanem Al Sulaiti

James Wall

John Jackson

Kirsti Rissanen

Manuel Perreira

Mirela Pascaru

Paula Tyndale

Rajka Vlahovic

Ruth Kok

Rutsel Martha

Stuart Wheeldon

Tristan Ploom

Prosecutors

Rapporteur: Alejandra Voigt

Abdulla Al Malki

Amidu Small

Anna Maria Gregori

Charles Giwa

Cindy Clarke

Els Dinjens

Gregor McGill

I Kuan Tam

Jürg Blaser

Miriam Spittler

Noel Cutajar

Peter Polt

Philippe Dekoster

Ronny Johnsson

Satriya Hari Prasetya

Stephanie Solo

Wada Asab Ibrahim

Defence Layers

Rapporteur:Mikhaïl Wladimiroff

Anand Doobay

Bob Vink

Catherine Schmitter

Filipa Marques Júnior

Günter Schirmer

Guy Stessens

Joseph Babadi Johns

Kay Neiss

Max Peter Ratzel

Patrick Lopez-Terres

Samaneh Roohipoor

Siamand Banaa

Simone Zwarts

Stephanie Maupas

Tea Terezija Petrin

Walter Appel

Willy Kasanda Wa Lunda

Claimant Parties

Rapporteur: Nico Keijzer

Alejandra Voigt

Andre Carrier

Andrew Rearick

Angel Galgo

Anne Schepens

Erling Johannes Husabo

Harald May

Isata Sacco

Joanne Jakymec

Karl Wycoff

Matti Joutsen

Michel Quillé

Mohammad Fadil Imran

Niels Larsen

Patricia Rosochowizc

Prudence Mania Lenko

Solveig Wollstad


Division in to groups1

Division in to groups

Judges Rapporteur:Irka Kuleshnyk

Room: I:Grachtensoos

ProsecutorsRapporteur:Alejandra Voigt

Room: IIHoutzagerszaal

Defense LayersRapporteur:Mikhaïl WladimiroffRoom: IIIBrouwerzaal

Claimant Parties

USA

France

Portugal

Rapporteur: Nico Keijzer

Room: IV Prinsezaal


Procedures moot court

Procedures Moot Court

  • The president opens the session

  • The Prosecutor:

    • summary of the admissability and

    • sustainability of the request and

    • in which order of priority

  • Claimant Parties are to take a stand

  • Defense attorneys start pleading

  • The judge hands down the final sentence and give advice to the minister of Justice


Case study 5226031

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The European Institute

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