Re Castioni, 1891, Queen Bench Division

Re Castioni, 1891, Queen Bench Division

Principle: When the offence is political offence by its nature, the offender may not be extradited.

Facts:  Mr Castioni was a switch citizen. He killed a municipal councilor during the political turmoil of Switzerland. Then he escaped to England. Later, Switch government demand extradition of Mr Castioni. However, Mr Castioni asked not to extradite him as the issue is solely in political character

Issue: where UK is bound to extradite mr Castioni or not?

Decision: The Queen’s Bench held that as the offence is of a Political Character and output of a political conflict so UK is not bound to extradite Mr Castioni.

Reasoning: To bring an offence within the meaning of the words “of a political character,” it must be incidental to and form part of political disturbances.  The offence which he had committed was incidental to and formed a part of political disturbances, and therefore was an offence of a political character within the meaning of the statute.

Comments:  Generally it depends on the view and political relation between the countries .

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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