Re Issel

• Jurisdiction: Dinamarca
• Docket Number: Case No. 104
• Date: 19 October 1950
• Court: Eastern Provincial Court (Denmark)

Denmark, Eastern Provincial Court.

Case No. 104

In re Issel.

Extradition — Principle of Speciality — Interpretation of Extradition Order — War Criminals — The Law of Denmark.

The Facts.—The accused, a German citizen, was from 1944 to 1945 the leader of a German “terror group” in occupied Denmark. In this capacity he ordered or took part as leader in several German terrorist actions as the result of which forty-four Danish citizens were shot in the streets or in their homes or killed by demolitions in which about sixty buildings were blown up. After the war the accused escaped to Germany. He was arrested in Berlin in February 1949 and in accordance with a decision of the British Extradition Tribunal in Hamburg of May 19, 1949, he was extradited to the Danish authorities.

By a judgment of the Lower Court of Copenhagen of January 21, 1950, the accused was sentenced to death. He appealed to the Eastern Provincial Court. He contended, inter alia, that according to the decision of the British Extradition Tribunal he had been extradited for murder only, and that according to the German...