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A request to extradite Bernd Alexander Bruno Wehnelt was made by the German authorities via diplomatic channels.
The Delhi High Court has upheld a trial courtroom’s order recommending extradition of a German nationwide accused of sexually abusing youngsters and possessing little one pornography, underneath the German prison code in view of the Extradition Act and the Extradition Treaty between India and Germany.
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After perusing via the document, a single choose bench of Justice Anish Dayal in its choice on February 27 (Monday) held that there was no infirmity within the order handed by Additional Chief Metropolitan Magistrate (ACMM) recommending the extradition of Bernd Alexander Bruno Wehnelt to Germany to face trial for offences underneath the German Criminal Code, dismissing Wehnelt’s plea in search of to put aside the Extradition Inquiry Report of August 24, 2022, and the order/ letter of September 16, 2022 of the Centre.
“Accordingly, the petition is dismissed and the impugned order is upheld. The petitioner would therefore be extradited by the government of India to the Federal Republic of Germany in accordance with applicable procedure,” the HC directed.
The HC dominated that it’s implicit that the paperwork despatched by the German authorities, together with his passport, fingerprints could be thought-about as “authenticated and endorsed as part of the dossier of documents which were received” and a separate endorsement might not be crucial.
A request to extradite Wehnelt was made by the German authorities via diplomatic channels. The ACMM after going via the Extradition Act and the treaty between the 2 international locations discovered that because the offences in query constituted a prison act underneath legal guidelines of each Germany and India, “the principle of dual criminality was duly satisfied and the offences in question were therefore extraditable offences”. The ACMM additionally concluded that the paperwork despatched from Germany, together with the arrest warrant and the knowledge regarding the id and nationality of Wehnelt have been duly authenticated by the Union Ministry of External Affairs, Union of India.
“Based upon these two conclusions, the learned ACMM concluded the inquiry report and recommended to the Union of India the extradition of the petitioner,” the order data. Wehnelt had refuted the allegations made towards him in his illustration.
In September 2003 he was accused of approaching two youngsters, taking their photos whereas asking considered one of them to tug down their trousers and was to face trial in Germany. He was arrested in India in 2020.
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