4 ms·

Curious- why is Germany a safe harbor for DotCom?

• rms 15y ago
  I don't know the details, just from mentions of it on places like http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-bail-new-zealand http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-....
• rangibaby 15y ago
  IANAL but this is the text of the US-Germany extradition treaty. It seems to say that neither country has an obligation to extradite their own citizens. "The article thus takes into account the law of the FRG prohibiting the extradition of its nationals but allowing for their prosecution in the FRG." Article 7 EXTRADITION OF NATIONALS (1) Neither of the Contracting Parties shall be bound to extradite its own nationals. The competent executive authority of the Requested State, however, shall have the power to grant the extradition of its own nationals if, in its discretion, this is deemed proper to do and provided the law of the Requested State does not so preclude. (2) The Requested State shall undertake all available legal measures to suspend naturalization proceedings in respect of the person sought until a decision on the request for his extradition and, if that request is granted, until his surrender. (3) If the Requested State does not extradite its own national, it shall, at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State. The Requesting State shall be informed of the result of its request.