War criminal Faber must undergo his sentence of life imprisonment
in Germany. This is written today by Minister Opstelten
of Security and Justice to his German colleague Federal
Minister Leutheusser-Schnarrenberger and to the Minister
of Justice of Bavaria, Ms Merk. A country that refuses
a European arrest warrant because someone is a citizen
is obliged, according to the European Framework Decision,
to declare itself willing to implement the punishment in
respect of which the European arrest warrant was issued.
The Dutch judgment was submitted to Bavaria together with
the letter, so that Germany can implement Faber's prison
sentence.
Faber, who was born in the Netherlands, was convicted in the Netherlands on 9
June 1947 to life imprisonment for serious offences he committed
during the Second World War. Faber fled to Germany shortly
after his conviction. In November 2010, the Public Prosecution
Service issued a European arrest warrant in order to bring
Faber to the Netherlands and serve his sentence here. The
German courts refused his extradition, however, exclusively
on the basis of the fact that Faber is a German citizen.
Opstelten observes in his letter that
the Framework Decision on the European arrest warrant prescribes
that, in the event of a refusal based merely on this ground,
the refusing state must declare itself willing to assume
the implementation of the punishment. The Munich Public Prosecution
Service has already informed the Dutch Ministry of Security
and Justice that the Netherlands can submit a request to
the German authorities to assume the implementation of the
punishment that was imposed on Faber in the Netherlands.
Opstelten interprets this as a declaration of the German
authorities' of its willingness to implement the judgment
in Germany. On this basis, he enclosed the relevant case
documents with his letter, so that Germany can implement
the term of life imprisonment imposed in the Netherlands.
Opstelten also wrote to the Federal
Minister of Justice to emphasise the great importance of
the present case and because she also indicated her willingness
to bring matters to a satisfactory conclusion in a different
case last year. english.justitie.nl
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