Higher Regional Court on diplomatic immunity in third countries

27. September 2018

The Higher Regional Court of Bamberg (27.9.2018 - 1 Ausl AR 30/18) has declared admissible the extradition of an Iranian diplomat to Belgium for criminal prosecution, who was arrested in Germany on a private holiday of several days. This is justified by the fact that diplomatic immunity (Art. 40 para. 1 sentence 1 WÜD*) presupposes that the diplomat is in the receiving State or his sending State or that he is travelling between his post - receiving State - and his sending State. In the Belgian EU arrest warrant, "terrorism" was marked as a catalogue offence.

* Vienna Convention of 18.04.1961 on Diplomatic Relations (WÜD)



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