Re Weyer [Argentina, Court of Second Instance (Resistencia)]

• Jurisdicción: Argentina
• Fecha: 03 Agosto 1951
• Número de expediente: Case No. 108
• Emisor: Provincial Appellate Court (Argentina)

Argentina, Court of Second Instance (Resistencia)

Case No. 108

In re Weyer.

Extradition — Procedure of — Detention Prior to Request for Extradition — The Law of Argentina.

The Facts.—Weyer, a Paraguayan national, was detained for extradition to Paraguay on charges of homicide. He applied for a writ of habeas corpus, pleading that his detention was irregular because the magistrate had issued the order before receiving the official request and related documents. The Treaty on International Penal Law concluded at Montevideo in 1889 provided that a request for extradition may only be made by diplomatic or consular officials or directly by the Governments concerned. The action was brought on appeal.

Held: that the application for a writ of habeas corpus must be granted. A fugitive may not be detained for extradition in anticipation of the receipt of the official request accompanied by necessary documentary proofs. The Court found that the charges against Weyer had been made before the Court of first instance at Formosa by the Paraguayan Consul in that city, that the Judge had asked the Ministry of Foreign Relations to certify that the Consul had been recognized by the Argentine Government, and that on...