Michael Ring
Question:256 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a German national (details supplied) living in County Mayo was arrested on 25 November 1997; and the reason for his release. [2665/98]
Written Answers. - Extradition Requests.
The person referred to in the Deputy's question was arrested by the Garda, in accordance with the provisions of the European Convention on Extradition and the Extradition Act, 1965, as amended, following receipt on 21 November 1997 of an urgent request from the German authorities for his provisional arrest, with a view to extradition. The request was in respect of the offence of keeping a person under the age of 18 from her parent or guardian, from 20 August 1997 to the date of the request, contrary to an order of the German court.
Following his arrest, the person in question was remanded in custody by the Dublin Metropolitan District Court pending receipt from the German authorities of a request for his extradition in accordance with the convention and the Act. On 2 December 1997 the request for extraditon was received from the German authorities via the Department of Foreign Affairs. That Department sought advice from the Attorney General's office as to whether the request was in order. The Attorney General's office, having examined the request, advised that the offence specified in the extradition request did not correspond with the offence specified in the provisional arrest request or with an offence in Irish law and that consequently Ireland would not be in a position to extradite the person concerned to face the charge specified in the request for extraditon. The Department of Foreign Affairs brought this difficulty to the attention of the German authorities who, in response, indicated that the offence in the request for extradition included in its terms the offence in the request for provisonal arrest. The office of the Attorney General advised that, as the offence in the request for extradition included additional elements which were not part of the offence in the request for provisional arrest and were not an offence in Irish law at the relevant time, the request for extradition lacked the necessary correspondence. Consequently, I had no option but to order the release of the person concerned on 5 December, 1997 immediately on receipt of advice from the Attorney General's office that it would not be possible for Ireland to extradite the subject to face the charge specified in the request for extradition.