The extradition of a naturalized Argentine citizen required by the Federal Republic of Yugoslavia is denied.
Bs. As., 02/06/98.
B. O.: 10/06/98.
VISTO file No. 878/98 of the Registry of the General Directorate of Legal Affairs of the Ministry of Foreign Affairs, INTERNATIONAL TRADE and CULTO, and
That the FEDERAL REPUBLIC OF YUGOSLAVIA submitted the request for the extradition of Mr. Dinko SAKIC, requested by the Court of Instruction of the District Court of Belgrade, for there is a substantial suspicion of having committed the crime of genocide.
That according to the record quoted in the VISTO and according to the information reported by the National Electoral Chamber, the requested Croatian national obtained Argentine citizenship by letter of citizenship No. 5484, dated 29 December 1955, appearing registered as Ljubomir BILANOVIC SAKIC, with D.N.I. N° 6.023.718, also emerging as other names of the identified Dinko Ljubomir SAKIC or Dinko SAKIC.
That between the ARGENTINA REPUBLIC and the FEDERAL REPUBLIC OF YUGOSLAVIA there is no treaty in this area, the application of Law 24,767 on International Cooperation in Criminal Matters.
That the facts requiring the extradition of Mr. Dinko Ljubomir SAKIC are the same as previously invoked by the CROATIA REPUBLIC and which gave rise to Decree No. 583/98, by which the National Executive Power granted extradition and authorized the surrender of Mr. Dinko Ljubomir SAKIC to that country.
That this is so because the nature and characteristics of the facts imputed in both extradition requests enable it to consider that these are requests for the same facts, beyond the discomforts in the qualification of the same and the differences in the accuracy of the accounts, which are natural according to the behaviors imputed.
That this situation is contemplated in article 37 of Law 24,767, so that the General Directorate of Legal Affairs of the Ministry of Foreign Affairs, INTERNATIONAL TRADE And CULTO, it was issued in the sense that the request for extradition presented by the FEDERAL REPUBLIC OF YUGOSLAVIA should not be given course.
That the National Executive is empowered to do so by virtue of the attribution granted by article 37 of Law 24.767.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1- Do not give course to the request for extradition of the naturalized Argentine citizen Dinko Ljubomir SAKIC or Ljubomir BILANOVIC SAKIC or Dinko SAKIC, presented by the FEDERAL REPUBLIC OF YUGOSLAVIA, for being founded on the same facts that will be judged by the REPUBLIC OF CROATIA.
Art. 2°- Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Jorge A. Rodriguez. - Alberto J. Mazza. - Raúl E. Granillo Ocampo.