State v. Schumann

39 ILR 433 (1966)

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State v. Schumann

Ghana Court of Appeal
39 ILR 433 (1966)

AR

Facts

Schumann (defendant) was involved in the murders of more than 30,000 individuals in mental institutions and concentration camps during World War II. Schumann fled to Ghana after the war, where he was eventually arrested. Germany requested Ghana to extradite Schumann to Germany on murder charges. Schumann applied for a writ of habeas corpus to the High Court of Ghana, arguing that Schumann’s offenses were political in nature and that he could not be extradited under the Extradition Act of 1960. Specifically, Schumann claimed that he was only following Hitler’s orders when he aided in the murders and that his acts were not illegal in Germany during World War II. The High Court dismissed Schumann’s application, and Schumann appealed to the Ghana Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Akufo-Addo, C.J.)

Concurrence (Crabbe, J.)

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