Germany didn't follow correct extradition procedures for Madeleine McCann suspect, court says

Among other things, the German court said Italy had agreed for him to be tried for rape as well as part of the extradition proceedings.

She was on holiday with her family when she vanished from her bedroom.

© Thomson Reuters Police carry a container towards the site where they started digging in an allotment area near Hanover, Germany July 29, 2020, where Christian B, a suspect in the Madeleine McCann investigation lived for a while some years ago. German investigators believe Christian B killed Madeleine after snatching her in May 2007.

Sky News reports that Christian is now appealing his extradition arrest warrant under claims that it is not valid.

According to court documents, the suspect was extradited from Portugal for sexually abusing a minor in June 2017, then travelled to the Netherlands and Italy whilst still on probation after his release.

It follows a day of drama in which the Advocate General at the Luxembourg-based Court of Justice of the European Union (CJEU) gave a non-binding opinion that Brueckner's extradition was unlawful, raising fears that he would be freed.

"Finally, in 2018, Germany obtained Italy's agreement that the accused will also be prosecuted and tried for rape and extortion".

While the opinion is not binding on ECJ judges, they usually follow the assessment of the Advocate General.

German prosecutors are working on the belief that McCann is dead.

Christian B is serving his sentence for drug trafficking until early next year and will be in custody until 2027 if his appeal against the rape conviction fails.

"We are pleased and wait for the decision of the court the next few weeks". He has not been convicted of any crime related to Madeleine McCann.

Earlier this year, Christian B - whose full name can not be reported for legal reasons - was revealed as the prime suspect being investigated by a German prosecutor who believes Madeleine is dead.

"The suspect made the most of open European borders and now he wants us to read the law in such a way it gets turned on its head to give him an advantage in court", Felix Halabi told the court.



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