Doc. 9578

14 October 2002

Extradition of Sholam Weiss

Written Question No 415 to the Chairperson of the Committee of Ministers

by Lord Russell-Johnston

Lord Russell-Johnston,

To ask the Chairperson of the Committee of Ministers,

1.       If she is aware of the extradition of Sholam Weiss from Austria.

2.       In particular, if she is aware that Mr Weiss, whose extradition was requested from Austria by the United States of America to face a sentence of 845 years imposed in Florida in 1999 for fraud offences, was extradited from Austria on the morning of Sunday 13 June 2002, although at that time:

      a. There was a binding order issued by the Vienna Verwaltungsgericht (Administrative Court) on 24 May 2002 which prohibited Mr Weiss' extradition pending the examination of his submission to this Court that his extradition was unlawful because contrary to the European Convention on Human Rights and Austrian law;

      b. There was an interim measures direction issued to Austria on 24 May 2002 by the United Nations Human Rights Committee through its Special Rapporteur for Communications under Rule 86 of the Rules of the Human Rights Committee which prohibited Mr Weiss' extradition from Austria pending the Human Rights Committee's examination of the question whether the removal of Mr Weiss to the United States to face a sentence of 845 years without possibility of appeal or early release would expose him to irreparable harm;

3.       If she is further aware that the Austrian Government has not informed the United Nations Human Rights Committee of the fact that Mr Weiss was extradited nor of how this action was or could be compatible with:

      a. Austria's obligations under the International Covenant on Civil and Political Rights to provide effective domestic remedies for violations of human rights;

      b. Austria's acceptance of the right for individuals to complain under the Optional Protocol procedure to the UN Human Rights Committee;

      c. The specific interim measures order made in this case forbidding Mr Weiss' extradition;

      d. The order made by the Verwaltungsgericht forbidding Mr Weiss' extradition while his administrative proceedings were pending which challenged his extradition to face sentence of 845 years without possibility of release nor right of appeal;

      e. The rule of law; protected by the Statute of the Council of Europe.

4.       Finally, If she is aware that, since his extradition from Austria to the United States, Mr Weiss has been imprisoned without possibility of appeal nor opportunity for early release and that his anticipated release date is 5 May (Europe Day) 2738.

Signed : ¹

Lord Russell-Johnston, United Kingdom, LDR

¹ . LDR : Liberal, Democratic and Reformers’ Group.