This case concerns an extradition request from Germany to Greece regarding a stateless person accused of several crimes in Germany. The Greek Supreme Court found that the extradition of a stateless person is not prohibited under the European Convention on Extradition and the national legislation.
Art. 1 par. 2 of law 4165/1961 (ratification of the European Convention on Extradition)
Art. 438 of the Code of Criminal Procedure
Germany requested the extradition of a stateless individual from Greece, accused of several crimes in Germany. The court of appeals (in council) provided an opinion in favour of the extradition. The applicant appealed that decision before the Supreme Court.
The applicant claimed that in view of his status as a stateless person, he cannot be extradited from Greece.
The court argued that according to the European Convention on Extradition (which has been signed and ratified by Greece) as well as the national legislation, while the extradition of Greek nationals is prohibited, there is no such restriction on stateless individuals.
In any case, the law applicable in order to assess whether the extradition is possible is not related to the nationality of the person concerned.
As a result, Germany legitimately requested the extradition.
The court rejected the appeal.