Re Durcansky

• Jurisdicción: Argentina
• Fecha: 18 Julio 1960
• Emisor: Federal Court of First Instance (Argentina)

Argentina, Criminal Court of First Instance of the Federal Capital.

Re Durcansky.

States as international persons Sovereignty and independence Conduct of foreign relations Conclusiveness of statements of Executive Extradition in absence of treaty Dependent upon reciprocity Existence of reciprocity a matter for executive determination The law of Argentina.

The Facts.The Government of Czechoslovakia requested the extradition of Jan Durcansky on charges of homicide and of participation in mass murders committed by armed bands against the civilian population of Slovakia between November 1944 and the end of the Second World War. It was argued on behalf of the accused, inter alia, that extradition must be denied because (i) there was no extradition treaty between Argentina and Czechoslovakia; (ii) extradition was not permissible on the basis of reciprocity where the requesting State was a communist State; (iii) the statute of limitations had run against the charges; and (iv) the offences charged were political in...