06/11/2018

OF CRIMINAL APPEAL (INFERIOR)

MIZZI ANTONIO

THE POLICE vs CHANG RAJII ALBERTO SAMUEL

ECLI:MT:AKI:2018:114138

FINAL JUDGEMENT

THE POLICE vs CHANG RAJII ALBERTO SAMUEL - 171/2017 - OF CRIMINAL APPEAL (INFERIOR), MALTA

EXTRADITION

This case related to the extradition of a Chilean citizen requested by the Chilean Government. The Court said that it was of essence that the Court reiterates certain principles that govern the institute of extradition. Unlike the procedure which is applicable to a European Arrest Warrant in this particular case there was a request for extradition by a country which is not a member state of the European Union. This means that an extradition of this type would be regulated by the traditional lawswhere the powers of this Court are limited. Both Malta and Chile are signatories to the United Nations Convention against Transnational Organized Crime, in short known as the Palermo Convention. Thisis the legal basis where we have the interaction of these two countries. There is no other legal basis. The fact that the requested person is a citizen of Chile makes no difference even if the extradition were requested by Chile for a Maltese national. The request for extradition was rejected by the Court.