Key legal question
Whether the assurance given by Taiwan on 24 June 2005 was sufficient under Art. 80p EIMP, despite being issued by the Prime Minister rather than the President.
Extracted holding
Yes. The Federal Supreme Court held that the assurance was sufficiently authoritative and matched the requested content; Swiss authorities need not verify the foreign internal allocation of competence.
Extracted reasoning
Article 80p EIMP does not require a specific foreign office to give the guarantee. An assurance may come from the head of state, government, justice minister, or a superior judicial authority. Where apparent authority exists, questions of foreign internal competence are governed by the requesting state's law and are not for Swiss review. The Prime Minister could bind the executive and ensure that the death penalty would neither be sought nor executed.