Extradition law & Interpol proceedings – Lawyer for international criminal law in Hamburg
Extradition proceedings represent a significant burden for the person concerned – both legally and personally. The threat of extradition can not only restrict freedom but, under certain circumstances, also endanger physical integrity. For those affected and those around them, this represents an exceptional situation that requires swift and well-founded legal action.
As a criminal law firm based in Hamburg with special experience in extradition and Interpol law, we provide you with an overview of legal options, pitfalls, and the most important steps in such an extraordinary situation.
Extradition proceedings
Extradition proceedings typically begin with the receipt of a request for mutual legal assistance from a foreign state. The international search for a person can be conducted through the Schengen Information System (SIS), Interpol, or through bilateral requests. Within the European Union, the European Arrest Warrant is also available, which is intended to facilitate cross-border cooperation.
Upon receipt of the request, the Federal Office of Justice – in consultation with the Federal Foreign Office and, if necessary, other agencies – examines whether there are legal or political reasons against extradition. If this is not the case, the request is forwarded to the relevant Public Prosecutor General's Office. This office initiates the search; if necessary, the relevant Higher Regional Court issues an extradition warrant.
Contesting a European arrest warrant
The European Arrest Warrant (EAW) is designed to simplify criminal cooperation within the European Union. It can be issued for both criminal prosecution and the execution of a custodial sentence and obliges all Member States to arrest the person concerned and extradite him or her to the requesting state.
Those affected should seek legal assistance early on. Examining the formal and substantive requirements of the arrest warrant, as well as potential obstacles to extradition, is essential for an effective defense. Our law firm analyzes the legal situation in each specific case and, if necessary, develops a strategy to contest the arrest warrant – with the goal of averting or at least delaying extradition.
Constitutional complaint against extradition decisions
If an extradition order is issued by a German court, it is possible, under certain conditions, to file a constitutional complaint with the Federal Constitutional Court. This is permissible if the person concerned can assert that one of their fundamental rights has been violated.
The constitutional complaint must be filed within one month of the announcement of the decision and must be substantiated in writing. The Federal Constitutional Court only examines possible violations of constitutional rights; simple legal errors are disregarded. If the court finds that a violation has occurred, the extradition decision can be overturned and referred back to the competent Higher Regional Court.
A constitutional complaint is a complex procedure with stringent formal requirements. Early legal assistance is therefore strongly recommended.
Contesting an extradition order
If a person is arrested in Germany on the basis of a foreign arrest warrant, they can consent to or object to extradition. In the event of an objection, the extradition proceedings are conducted before the competent Higher Regional Court. Extradition is only permissible if the court affirms the legal requirements under the Act on International Mutual Assistance in Criminal Matters (IRG).
Extradition may be inadmissible, among other things, if:
- the alleged act does not constitute a criminal offense under German law,
- the person concerned is threatened with torture, inhumane detention conditions or the death penalty in the requesting State,
- political motives are in the background,
- the accused is a German citizen (except in certain exceptional cases),
- there is a serious illness or risk of suicide,
- no fair trial can be expected in the requesting State,
- or extradition would violate fundamental principles of the German legal system.
In any case, a careful legal review is necessary in order to identify and assert possible obstacles to extradition at an early stage.
Country-specific peculiarities in extradition law
The legal framework for extraditions varies depending on the requesting state. While largely uniform standards apply within the European Union via the European Arrest Warrant, extraditions to so-called third countries – such as the USA, Russia, or Great Britain – are often significantly more complex.
Under German law, the extradition of German citizens is only permitted under strict conditions, particularly in the case of requests from EU member states or international courts. Extraditions to third countries are subject to increased requirements regarding human rights standards, due process, and reciprocity.
Our legal work takes into account country-specific requirements and risks. We examine bilateral agreements, existing case law, and individual specifics in dealings with the requesting state – always with the goal of comprehensively protecting your rights.
Exemption from detention in extradition proceedings
The ordering of extradition detention represents a considerable burden for those affected. In certain cases, however, it is possible to obtain relief from detention – for example, by imposing appropriate conditions or filing an application for a stay of execution.
The prerequisite for this is usually that there is no risk of flight and that the person concerned agrees to cooperate in the proceedings. Early legal intervention can be crucial in securing or avoiding release from extradition custody.
As part of our legal defense, we examine all options for avoiding imprisonment and strive to ensure that your personal rights and freedoms are protected.
Legal protection in politically motivated extradition proceedings
Politically motivated extradition requests pose a particular challenge. These are often related to power struggles, political persecution, allegations of corruption, or other interest-driven proceedings in the person's country of origin.
In such cases, we carefully examine whether there is an obstacle to extradition under Section 6 of the International Criminal Court Act (IRG) due to political persecution. Compliance with the procedural safeguards under Article 6 of the ECHR—in particular the right to a fair trial—also plays a key role.
Defending against politically motivated extraditions requires close cooperation between client and attorney, as well as a thorough presentation of evidence. In appropriate cases, we also support proceedings abroad or conduct discussions with international institutions.
Interpol Red Notices – legal classification and defense options
Interpol issues so-called Red Notices when a member state requests the arrest of a person for extradition. These notices can lead to an international manhunt and ultimately an arrest upon crossing the border – including at German airports.
Red Notices are not international arrest warrants in the strict sense, but rather serve as a means of sharing information between the police authorities of member states. Whether an arrest warrant is actually issued is always at the discretion of the respective state.
We check whether a Red Notice has been issued in compliance with the law and support you in initiating legal action – both domestically and with the relevant Interpol Data Control Commission (CCF), for example with the aim of deleting or correcting the entry.
Arrest at German airports in connection with extradition proceedings
For many of those affected, being arrested at the airport is a surprising and stressful moment. This can be based on an international arrest warrant, an Interpol Red Notice or an alert in the Schengen Information System (SIS).
Common reasons for extradition include alleged criminal offenses such as drug or arms smuggling, financial crimes, or violations of import regulations. Those affected are often in transit or setting foot on German soil for the first time.
In such cases, swift and prudent action is crucial. We strongly advise against making statements to the investigating authorities without legal advice. Our law firm is at your side immediately – both during your arrest and in your subsequent defense against extradition proceedings.
Requests for information from Interpol – review and deletion of entries
If you suspect that an Interpol alert has been issued against you, you can submit a request for information to the relevant Commission (Commission for the Control of Files – CCF). The CCF will check whether an entry exists in the Interpol Information System and whether it complies with Interpol's rules.
Our firm will assist you in drafting and submitting such a request for information. We will handle communication with the Commission, compile the necessary documentation, and represent your interests throughout the entire investigation. If the entry violates Interpol regulations, you can submit a request for deletion or correction.
Since processing can take several months, we recommend submitting your application in a timely manner. Our experience in working with Interpol ensures that your application is submitted with the correct form and convincing content.
SIS alerts – review and deletion of unlawful entries
The Schengen Information System (SIS) is a central tool for searches within the European Union. Among other things, it enables the Europe-wide issuing of alerts for persons for arrest, refusal of entry, or seizure of property. An entry in the SIS can have serious consequences—including arrest upon crossing the border.
However, not every entry is legal. In the case of incorrect or unlawful advertisements, there is a right to information, correction, and under certain conditions, deletion. This applies in particular if personal data has been stored improperly or outdated information has not been deleted.
We will review the legality of an SIS entry in your case and lobby the relevant authorities for its correction or deletion. Early legal involvement can help avoid unnecessary measures such as arrest or travel restrictions.