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Re De Bernonville

International Law Reports Citado por Precedent Map Related
Vincent
Data28 Setembro 1955
ÓrgãoSupreme Court (Brazil)
Brazil, Supreme Court.
In re De Bernonville.

Extradition — Political Offences — Treason — Crimes against Security of the State — The Law of Brazil.

The Facts.—In 1952 the French Embassy in Rio de Janeiro requested the extradition of de Bernonville, a French national domiciled in Brazil, who had been sentenced to death by a French court on a charge of committing acts against the external security of the State or, more precisely, of treason consisting in participation in acts aimed at the demoralization of the army or the country in time of war. The French Embassy had stated that, in addition to treason, the defendant was charged with “torture, theft, arson and looting”, as well as other non-political crimes, including participation in murders. In 1955, when, more than three years after the request, the case came up for consideration, the Embassy had not yet supplied documents to support the request. On the other hand, according to the documents attached to the request for extradition, the defendant had been convicted of the crime of treason, as provided in Article 75 and others of the French Penal Code.

Held: that extradition must be refused. The offence in question was recognized as being of a political nature by Brazilian legislation (Law No.1.802 of January 5, 1953) and also by French law, which describes as political crimes against the external security of the State.

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