Malta Extradition

[Freewillow]

+1 with gypsyjim

 

[wrybosome]

OP, just to be clear...you were NOT diving with them in a professional capacity? You were on holiday yourself?

 

[gypsyjim]

OP, just to be clear...you were NOT diving with them in a professional capacity? You were on holiday yourself?

I know of Instructors showing certification for lower levels of training while on vacation, to avoid being labeled "an Instructor", to avoid any perceived responsibility for other divers.
Once some ops see that card they tend to see the diver as a part of their tool box/team, rather than as a vacationing diver.

 

[stephen.martin]

OP, just to be clear...you were NOT diving with them in a professional capacity? You were on holiday yourself?

It was just a holiday...we did the same dive the year before and it was fantastic

The Maltese authorities are refusing to provide a copy of the inquest report, this is my right in Malta, the locals are outraged at what is happening and the Tourist Board and local Diving Schools are outraged and fearful of the affect this will have on the Diving Industry in Malta

The incident was reported incorrectly in many newspapers but this one is reasonably correct

Three divers dead in tragic day in Gozo - MaltaToday.com.mt

However nobody reported that that the deceased woman was my longstanding partner of 5 years, and the Maltese Authorities want to punish me even more by taking this action

Steve

 

[JohnN]

Well, read this from wikipedia:

• Jurisdiction: Jurisdiction over a crime can be invoked to refuse extradition. In particular, the fact that the person in question is a nation's own citizen causes that country to have jurisdiction.
  • Own nationals: Some countries, such as Austria,^[6] Brazil,^[7] the Czech Republic,^[8] France,^[9][10] Germany,^[11] Japan,^[12] the People's Republic of China,^[13] the Republic of China (Taiwan)^[14] forbid extradition of their own nationals. These countries often have laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the country's borders (see, e.g., trial of Xiao Zhen).
• And since, I know that you can find mistakes in wikipedia, read this ( in french ). I would be happy to read a text that says the contrary. I am prepared to revise my opinion on this.

Sénat de Belgique

SESSION DE 2006-2007

Lots of stuff removed for brevity. . . .

What you seem to have there is a resolution by the Belgium Senate (at least that is what the Google translate calls it).

I would call your attention to the existing treaty with the US: https://internationalextraditionblog.files.wordpress.com/2011/03/belgium1.pdf

I believe this is still in effect (can you point to a verifiable article that the treaty was repealed).

All-in-all this seems like a silly argument. . .

 

[Freewillow]

You are right, silly argument. The case is closed for me. Have a great day

 

[PeterNBiddle]

You are right, silly argument. The case is closed for me. Have a great day

Just don't commit any overseas crimes - or appear to commit any - and you'll be fine.


Sent from my iPad using Tapatalk

 

[Freewillow]

 

[sebach]

I am glad, I am living in europe on the continent. A national would NEVER be expatriated ( sorry, extradition, Thank you JohnN) to a foreing country but would be prosecuted and judged in his native contry.

You seem to forgot the existence of the European Arrest Warrant. There is no need of a bilateral extradition treaty, as within European Union, with this system, an extradition to another EU country can't be refused by a country on the ground that it concern one of his national.

 

[Freewillow]

Yes, I guess, I was wrong on that one

Having said this, the text is talking about serious offences. exemples sofar have been quite different from a dive tourist losing his compagnions:

Since 1 January 2004, when the EAW came into operation, persons surrendered under the EAW system have included:

• a failed London bomber caught in Italy;
• a German serial killer tracked down in Spain;
• a suspected drug smuggler from Malta extradited from the UK;
• a gang of armed robbers sought by Italy whose members were then arrested in six different EU countries.