…not granted—this
general sentencing practice of U.S. courts was irrelevant in
this case. It was only necessary to ensure adherence to the
rule of…
…international law. It is assumed that U.S. courts
would observe such a reservation of specialty.
The legal counsel of the individual sought repeatedly requested…
…sufficient specificity and the assumption
of dual criminality (namely, as a violation of the
German Foreign Trade and Payments Act, AWG) because it
was not…
…requesting state, the United States.
However, the Higher Regional Court then goes further—contrary
to the explicit position of the U.S. authorities: it…
…is concrete concern that it
would not be sufficiently observed after the extradition of
the individual. 10 The Court, therefore, examines the…
…also the comment by Trüg, NJW 2024, 159 (163) who presents the
preferable view that it is indeed part of mandatory international law,
at least with…
…. The Court then references the decisions of U.S.
courts that led it to fear that the individual, if convicted,
would be punished not only for the…
…provided by the U.S. authorities confirmed this
jurisprudence and unequivocally expressed that, according
to U.S. legal understanding, it does not constitute…
…, it can only be equated with a legally
binding assurance from the requesting state if it is equally
legally binding. This was not considered to be the…
…it impossible that the
proposed condition would provide sufficient guarantee that
U.S. courts would, contrary to U.S. legal views, not consider…
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