Re Diaz
| Jurisdiction | Venezuela |
| Date | 19 February 1954 |
| Court | Federal Court (Venezuela) |
Extradition — Conditions of — Refusal of Extradition for Procedural Reasons — Second Request for Extradition — The Law of Venezuela.
The Facts.—Spain requested the extradition of Fernández Díaz or Díez on a charge of swindling (estafa). The Federal Court denied the request, in a decision of August 7, 1953,1 on the ground that the request did not conform to the procedure set forth in Article 8 of the Extradition Treaty between Venezuela and Spain of January 22, 1894. The extradition request was revised in the light of this decision and re-submitted by Spain on December 1, 1953, and transmitted to the Federal Court on January 1, 1954.
Held: That the extradition must be refused. Where an extradition request had been refused for procedural reasons, a second request for the surrender of the same person for the same offence would not be entertained by the Court.
The Court said: “There is no provision in the extradition treaties which have been concluded by Venezuela nor in the positive law of the country which is expressly and definitively applicable to the case under consideration. The juridical basis for examination...
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