Review of conditions for extradition to the USA
Supreme Court order 26 June 2014, HR-2014-1357-A (case no. 2014/417), criminal case, appeal against order
A (Counsel Anders Brosveet) v. The public prosecution authority represented by Håvard Kampen
Justices: Bårdsen, Stabel, Endresen, Kallerud, Matningsdal
US authorities had requested extradition of a US citizen. The factual basis for the US indictment had alternative formulations, some of them concerning acts that are not punishable under Norwegian criminal law as independent offences. The Supreme Court stated that the dual criminality requirement in section 3 (1) of the Extradition Act implies that the factual basis for the indictment must be punishable under Norwegian law, given that the act is to be adjudicated under Norwegian law and that the defendant is the perpetrator. When it is possible in the requesting state to be convicted solely on the basis of elements that would not be punishable in Norway, as in this case, dual criminality does not exist. The court of appeal's judgment, which was based on a different interpretation of the law, was set aside.