- •In the international court of justice at the peace palace,
- •Case Concerning Certain Criminal Proceedings in Adova and Rotania
- •International court of justice
- •Index of authorities
- •Statement of jurisdiction
- •Questions presented
- •Statement of the facts
- •Summary of pleadings
- •Pleadings
- •B. The Republic Of Adova Was Not Obliged To Extradite Its Citizens
- •C. Rotania Violated The Request Procedure
- •D. The State Of Rotania Had Violated The Sovereignty Of The Republic Of Adova
- •E. Samara Penza And Other Adovan Citizens Are Victims Of An Offense To Human Dignity
- •F. The State Of Rotania Constituted An Act Of Aggression
- •B. Actions, Committed By The State Of Rotania Constitute Torture
- •C. The Respondent Might Not Take Measures Derogating From Their International Obligations
- •E. Rotania May Not Justify Its Actions Referring To The Crimes Committed By Detainees
- •F. The Republic Of Adova Did Not Commit An Act Of Aggression
- •B. Rotania Should Have Granted To The Detained Adovan Citizens The Right To Have a Legal Counsel Of Their Own Choice.
- •B. Michael Kirgov Being The Head Of Rotania And Gommel Vinitsa Being a Colonel Of Rotania Do Not Enjoy Any Immunity From The Prosecution.
- •C. Adova Possessed a Right To Exercise Jurisdiction Over Michael Kirgov And Gommel Vinitsa.
- •Prayer for relief
- •The subsequent detention and treatment of Samara Penza and other Adovan citizens violated international law;
- •3 European Convention on Extradition, Paris, 13.XII.1957, Article 6
B. The Republic Of Adova Was Not Obliged To Extradite Its Citizens
Adova could have extradited Samara Penza and other Adovan citizens if it had a willing to permit Rotania realize its jurisdiction over the Adovan citizens. This appears from the general international law principle, that States may extradite a person in the absence of an extradition treaty, but do not have an obligation to do so.
Besides the Respondent could claim that according to the United Nations Security Council Resolution №13734 Article 2 Adova was obliged to extradite its above mentioned citizens because “States are required to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice. This effectively requires States to extradite or prosecute alleged terrorist or accomplices”. However, Adova was planning to investigate the activities of Samara Penza and other Adovan citizens and according to national law of the Republic of Adova, and its intentions are confirmed by the public statement of the Adovan Foreign Minister made on 21 July, 2007 (Comp.42).
Moreover, the Republic of Adova was not obliged to extradite its citizens on the basis of article 3 p.1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which governs that: “No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture”. We have sufficient grounds to believe that Rotania was applying torture and other inhuman and degrading treatment since we had familiarized with the Proclamation of Colonel Gommel Vinitsa (Comp., App.III, p.4, 5). In the Proclamation the Colonel enumerated the practices used against the detainees, including Samara Penza and other Adovan citizens.
Similar provision is also specified in the European Convention on Extradition: “if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons”. The rights of Adovan citizens in Rotania were repeatedly infringed. There was no adequate legal protections, the collected data showed significant disparities in the well-being of Adovans (Comp.4). Therefore, we may conclude that actions, taken by the government of Rotania were directed to punish Adovan citizens on account of their nationality and political opinion and Rotania cannot exercise its jurisdiction over Samara Penza and other Adovan citizens without prejudice.
C. Rotania Violated The Request Procedure
Under the European Convention on Extradition there are certain requirements for request and supporting documents, such as “the request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more Parties”5. But Rotania did not follow any rules of law; it barbarically kidnapped Samara Penza and other Adovan citizens and transferred them to a third state, Merkistan. Besides, re-extradition to a third state must also be stipulated between contracting parties6.