TORONTO, Nov. 22 /CNW/ - The Minister of Justice has repeatedly claimed
that he is obligated to fulfill the terms of the Treaty Between Canada and The
Federal Republic of Germany Concerning Extradition and surrender Karlheinz
Schreiber urgently to Germany.
This is not true. There is no urgency at all. There is no obligation to
extradite a Canadian National under Canada's Extradition Treaty with Germany.
On the contrary Article V of the Treaty provides:
Extradition of Nationals
(1) Neither of the Contracting Parties shall be bound to extradite its
(2) The requested state shall suspend any proceedings for the
naturalization of the person claimed until a decision on the request for
extradition has been reached and, if extradition is granted, until his
(3) If a request for extradition is refused only on the ground that the
person claimed is a national of the requested state, that state shall, if
asked to do so by the requesting state, take all possible measures in
accordance with its own law to prosecute the person claimed. For this
purpose, the files, documents and exhibits relating to the offence shall
be transmitted to that state. All expenses incurred in connection with
such prosecution shall be borne by the requested state. The requesting
state shall be informed of the result of the prosecution.
If the Canadian Minister of Justice would ever request the extradition of
a German national to Canada, then Germany would refuse the Canadian request
and never surrender a German national to Canada as required by the German
Therefore, Article V of the Extradition Treaty is misleading.
It should read: Germany will never extradite a German national to Canada.
Canada may extradite a Canadian national at the
discretion of the Minister of Justice to Germany.
Pursuant to Article V paragraph 3 Germany would always, at the request of
Canada, prosecute the German national in Germany in accordance with German
My simple question is: Why does the Minister of Justice not invoke
Article V paragraph 3 of the Extradition Treaty and inform the German
Government that Canada will prosecute Karlheinz Schreiber under Canadian law
Such a decision would finally bring reciprocity to extradition cases
between Germany and Canada.
Why does the Minister of Justice of Canada deny a Canadian national the
rights granted by the Extradition Treaty to German nationals?
What is the motivation driving the Minister of Justice to make misleading
statements regarding the Treaty Between Canada and The Federal Republic of
Germany Concerning Extradition?
Is there an abuse of power by the Government because of my pending law
suit for substantial damages against the The Attorney General of Canada, the
Solicitor General of Canada and the Commissioner of the RCMP or are there
other politically motivated reasons?
I do not believe that the Parliament of Canada would have ever ratified a
Treaty regarding Extradition without reciprocity. It appears that the
Parliament of Canada was misled when it ratified the Extradition Treaty which
creates a second class treatment for Canadian nationals.
Since 1997 when I commenced my legal action against the Attorney General
of Canada I had to deal with the permanent abuse of power by the Department of
Justice and the RCMP leading up to my extradition case and the situation I
find myself in today.
The Minister of Justice has several options:
1. He can reject the invalid request and demand that the German
Government issue a proper request for my extradition;
2. He can inform the German Government that he will not participate in a
breach of international law and demand that the German Government
respect the demands of the Swiss Government;
3. He can inform the German Government that he requires clarification
why the public prosecutor in Augsburg has not withdrawn his
allegations following the decision rendered by the Bundesgerichtshof
and the decision of the public prosecutor in Duesseldorf.
In any event, I welcome any steps taken by the Government of Canada to
secure a procedure that will enable the truth to become known about why the
public prosecutor in Augsburg refuses to respect decisions of the German
highest court and the demands of the Swiss Government.
In spite of the politically motivated vendetta against me I will continue
to fight for fundamental justice to prevail in Canada.
I invite all Canadians to follow attentively the ongoing public debate in
the Parliament of Canada and actions of the Minister of Justice.
I very much believe that every country has exactly the value its
nationals put into it.
c/o Alexander Sennecke
Tel. 416 410 2113
Fax. 416 410 9423
For further information:
For further information: Karlheinz Schreiber, c/o Alexander Sennecke,
email@example.com, Tel. (416) 410-2113, Fax. (416) 410-9423