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| |  | | Erich Priebke | | | context : | Occupied Italy  | | judgement place : | Italy | | status : | Sentenced | | particulars : | Condemned to life imprisonment by the Italian military judiciary | | position : | Hauptsturmführer (Captain) of the Waffen-SS |
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| | | | In March 1995, nine months after his arrest, the Argentinean Supreme Court assigned the Priebke case to the authorities in Bariloche.
In May of that year, a federal Judge admitted the Italian request for extradition, considering that crimes against humanity were imprescriptible. Nevertheless, shortly afterwards, in August 1995, a Bariloche court judged that Priebke could not be extradited precisely for the same reason that prosecution was time-barred.
Finally, in October 1995, the Supreme Court of Argentina decided that Priebke should be extradited. He was therefore flown to Italy on 21 November 1995.
On 1 August 1996, an Italian military tribunal acquitted Priebke ruling that prosecution had been barred due to the lapse of time. At this same time, Germany requested his extradition from Italy for the murder of two German citizens.
At the request of the Italian minister of Justice in office at the time, the Supreme Court of Italy took up the case.
In its judgment dated 15 October 1996, the first chamber of the Supreme Court decided that the judges making up the chamber of the military tribunal had improperly expressed their opinion on points related the case at hand, and annulled their judgment of 1 August 1996.
As a consequence, on 24 December 1996, the investigating judge ordered that Priebke be placed once again in pre-trial detention. The case was subsequently assigned to another chamber of the military tribunal in Rome.
The new trial opened on 14 April 1997. Priebe appeared together with Karl Hass. By its judgment dated 22 July 1997, the military tribunal sentenced Priebke to 15 years' imprisonment, whilst simultaneously according a remission of ten years from this sentence.
On 6 November 1997, the Appeals Court in Rome refused Germany's request for extradition given that an Italian criminal procedure was pending against Priebke thereby rendering extradition non admissible.
The Prosecutor appealed the verdict handed down on 22 July 1997. As a result, a new trial was held before a military appeals court in February/ March 1998. On 9 March 1998, Priebke and Hass were finally sentenced to life imprisonment for crimes against humanity.
On 16 November 1998, the Italian Supreme Court rejected Priebke's appeal.
Finally, by its judgment dated 5 April 2001, the European Court of Human Rights ruled that no irregularities were manifest in the Priebke trial, and accordingly it also rejected Priebke's appeal.
Eventually, the European Court of Human Rights, by judgment of 5 April 2001, decided that the procedure in the case of Priebke did not exhibit any irregularities. Accordingly, it did not admit Priebke's complaint. | |     click for more... | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Germany | | | date of birth : | | | 29.07.1913 | | | period of charges : | | | 24.03.1944 | | | judgement period : | | | 02.1998 - 09.03.1998 | | | charges : | | | Crimes against humanity | | | profile last modified : | | | 13.11.2009 |
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