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Re Banegas

International Law Reports Citado por Precedent Map Related
Vincent
Número do processoCase No. 98
Data30 Junho 1948
ÓrgãoSupreme Court (Brazil)
Brazil, Supreme Federal Court.
Case No. 98
In re Banegas.

Extradition — Political Offences — The Law of Brazil.

The Facts.—Bolivia requested the extradition of Lucio Banegas Arteagas on the charge of murder. He was charged with responsibility for the execution of one Major Zoto during the political upheaval of November 1944. Banegas alleged that “the President of the Republic, Col. Galberto Villarroel, in pursuance of the prerogatives of chief of state and commander-in-chief of the army (Art. 77, Constitution of Bolivia) and supported by the Bolivian Penal Code, had ordered the immediate execution of military personnel and civilians involved in the revolt, which action was carried out by the armed forces of the country”. He also denied that he ordered the execution of Major Zoto. He opposed the request for extradition on the ground that he was being charged with a military and political offence.

Held (by a majority of the Court): that the accused could not be extradited. Extradition may not be granted where the offence in question is shown to be a military offence. The Court said (per Freire, J.):

“The accused is charged under provisions of Bolivian penal law concerning the common crime of homicide. Extradition cases are within the exclusive jurisdiction of the Supreme Federal Court (Art. 2, sec. 3 and Art. 10 of Decree-law No. 394 of 1938). The Procurator-General has...

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