TF, 01/13/2026, 1C_767/2025
Facts
The Romanian authorities requested the arrest and extradition of A., a Romanian national, for the purpose of serving an eight-year and four-month prison sentence for attempted murder and other offenses. Following his arrest in the canton of Zurich, his extradition was authorized by the Federal Office of Justice (FOJ). The Federal Criminal Court rejected the appeal filed by A. against this decision. The latter then appealed to the Federal Supreme Court.
Law
UnderArt. 84 of the Federal Supreme Court Act (FSCA), an appeal in matters of international mutual assistance in criminal matters is only admissible if the case is of particular importance. Such a case is recognized, in particular, when there are reasons to believe that fundamental procedural principles have been violated or that the proceedings abroad are seriously flawed (Art. 84 para. 2 FSCA). This condition must be interpreted restrictively. It is the appellant's responsibility to demonstrate why their case is of such importance (Art. 42 para. 2 FSCA). Failing this, the appeal is declared inadmissible.
Application to the specific case
The appellant alleges that the Romanian criminal proceedings were unfair and tainted by corruption. The Federal Supreme Court notes that these grievances were already examined and dismissed by the lower court. The latter correctly reiterated that extradition proceedings are not intended to re-examine the merits of a final foreign judgment. The appellant was assisted by a lawyer in Romania and failed to demonstrate that the Romanian proceedings violated the minimum guarantees of the ECHR or the UN Covenant II. Any procedural defects should have been raised before the Romanian authorities or, if applicable, before the European Court of Human Rights. The Federal Supreme Court finds that the appellant has not sufficiently demonstrated the existence of serious flaws in the foreign proceedings. The mere length of the sentence imposed is not enough to qualify the case as particularly important. The conditions of Art. 84 FSCA are therefore not met.
Outcome
The Federal Supreme Court does not entertain the appeal and orders the appellant to pay the court costs.
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