Legal assistance extradition proceedings

Your legal assistance in extradition proceedings by experienced lawyers

Extradition proceedings represent a massive infringement on personal freedom. In Germany, extradition may only take place if the rule of law principle enshrined in Article 20, Paragraph 3 of the Basic Law is observed. Countries where this is not guaranteed, or where, for example, the death penalty is threatened, have little chance of success with an extradition request. However, the decisive factor is always the individual examination of each case.
Our experienced extradition lawyers are at your side if you are facing an imminent extradition. Our firm offers sound legal advice and dedicated representation – both in extradition cases to Germany and in defending against extradition from Germany to a foreign country. With our expertise in dealing with extradition requests, European arrest warrants, and Interpol Red Notices, we are committed to effectively protecting your rights.

Legal framework of international extradition

State sovereignty prohibits other states from conducting unilateral official acts, such as investigations or arrests, on foreign territory. Therefore, cooperation takes place through international mutual legal assistance in criminal matters, which also includes extradition proceedings.
In Germany, international legal assistance is regulated by bilateral agreements, the European Extradition Convention of the Council of Europe and the Act on International Legal Assistance in Criminal Matters (IRG).
According to Section 1 Paragraph 3 of the IRG, extradition treaties under international law take precedence over the provisions of the IRG.
Germany is a member of numerous bilateral and multilateral agreements that form the basis for modern extradition traffic.
Within the EU, extradition practice is primarily regulated by the Framework Decision on the European Arrest Warrant, which provides a simplified and accelerated procedure for member states.

Extradition treaties with Germany: Basics and partner states

Extradition treaties provide binding regulations on the cases and conditions under which Germany extradites individuals to other countries. Important factors include the nature of the crime and the expected punishment, such as the threat of imprisonment.

• Definition:
• An extradition agreement is an international treaty that allows the surrender of a suspect to a state in which he or she is wanted by an arrest warrant.
• Types of extradition agreements:
• Bilateral treaties: Agreed directly between two states
• Multilateral agreements: associations of several states or accession to existing treaties
• These treaties provide the legal framework to ensure efficient international law enforcement and to protect the interests of the states involved.

Extradition practice in Europe: EU and non-EU countries in comparison

Extradition practices within Europe vary depending on the status of the requested state as an EU member or non-EU member.

• Extradition within the EU:
• The basis for international mutual legal assistance is Framework Decision 2002/584/JHA on the European Arrest Warrant. This is intended to facilitate the rapid and efficient extradition of wanted persons between EU member states. 
• The central principle here is mutual recognition: the requested state does not examine the arrest warrant separately, but only with regard to specific formal and a few basic constitutional guarantees.
• A significant difference: 
• The principle of double criminality is often circumvented here. 
• Extradition may also take place if the act does not constitute a criminal offence in the requested State, provided that it is included on a list of criminal offences defined in the Framework Decision (e.g. terrorism, trafficking in human beings, corruption).
• Extradition with non-EU countries:
• Since Brexit, Great Britain has been exempt from this rule. 
• Instead of the European Arrest Warrant, the European Extradition Convention applies here, which requires a more detailed examination of the extradition conditions. 
• The same applies to other European countries outside the EU, such as Norway or Switzerland.

These differences illustrate how much the legal framework can vary from state to state and how important it is to examine each extradition request individually.

With in-depth expertise and a strategic approach, our criminal defense attorneys ensure that all legal defense options are exhausted to prevent or at least delay extradition. Contact us for an initial legal assessment.

The European Extradition Convention: Meaning and rules on extradition

The European Extradition Convention (ECTC) of the Council of Europe provides the legal basis for cross-border extradition between the member states of the Council of Europe and other accession states. 

• In addition to the EU states, this includes numerous states without EU membership, such as Norway or Switzerland, but also Turkey, for example.
• Non-member states such as Israel and South Africa have also joined the agreement, giving it greater global importance.
• Relevance of the European Extradition Convention
• The large number of contracting states gives the agreement a central role in international criminal law. 
• It clearly regulates the obligation of the contracting states to extradite persons wanted in another contracting state if the legal conditions are met.
• Extradition obligations pursuant to Articles 1 and 2 of the EUAIA
• Article 1: The Contracting States are obliged to extradite provided that the extradition request complies with the conditions of the Convention.
• Article 2: Extradition is possible for offenses that are punishable in both countries (principle of dual criminality) and carry a prison sentence of at least one year. For sentences already imposed in the requesting state, the sentence must be at least four months.
• Important non-European and Eurasian contracting states:
• Armenia
• Azerbaijan
• Georgia
• Israel
• Russia
• South Africa
• South Korea

The European Extradition Convention is an essential component of international law enforcement and ensures the efficient surrender of criminals. An experienced extradition lawyer can assess whether all conditions for extradition are met and, if necessary, raise legal objections to protect your rights.

Does Germany extradite people without an extradition treaty?

Germany maintains bilateral or multilateral extradition treaties with numerous states that regulate the legal framework for the surrender of wanted persons. 

• However, there are also countries with which Germany has not agreed on a contractually regulated extradition practice. 
• In such cases, extradition is not impossible, but it is significantly less likely.
• The decision on extradition without a treaty is made on the basis of the relevant international law. 
• German courts must always examine compliance with the rule of law and the protection of human rights.
• Countries without a regulated extradition practice with Germany:
• Bangladesh
• Guatemala
• Iran
• Kazakhstan
• Cuba
• Philippines
• As a rule, extradition to or from these countries only occurs in exceptional cases, particularly when certain international agreements or political arrangements apply. 

Are you facing extradition proceedings? Our experienced criminal defense attorneys can help you assess your chances of success and build an effective defense against an extradition request or the execution of an extradition warrant.

Extradition and the rule of law: protection of fundamental rights

In extradition proceedings, German courts carefully examine whether a person in the requesting state could face treatment that violates their fundamental rights. The decision is based on the specific circumstances and risks the person concerned faces in the event of extradition.

• Rejection in case of violation of fundamental rights
• If it is proven that extradition violates fundamental rights in a specific case, the extradition request must be rejected.
• Example: poor prison conditions or lack of fair trials, 
• Assurances from the requesting state, if necessary, request for further information
• If the court has insufficient information to ensure that no human rights violations are taking place, it may request additional explanations and evidence from the authorities of the requesting State. 
• The decision depends essentially on whether this evidence can convince the courts that the human rights of the person being prosecuted will be respected in the requesting state in the event of extradition.

The extradition procedure in Germany: Process and legal options

The extradition procedure in Germany begins when another state submits a request for legal assistance. 

This procedure is regulated by the Act on International Mutual Assistance in Criminal Matters (IRG) and applies unless a bilateral extradition agreement exists between Germany and the requesting state. The IRG defines the legal requirements and the procedural process.

• Initiation of extradition proceedings

• The process begins upon receipt of the extradition request. The international search can be initiated by:
• the Schengen Information System (SIS),
• Interpol, or
• targeted requests for joint investigations from other states are made.
  Within the EU, the issuance of a European arrest warrant is sufficient to initiate proceedings.

• Examination by the licensing authority: The competent authority will review the request for legal and political obstacles in accordance with Section 74 of the International Criminal Law (IRG). Extradition will be refused if:

• the person concerned is at risk of torture or inhuman treatment in the requesting State,
• fundamental human rights could be violated.

If the review reveals no impediments, the request is forwarded to the relevant Public Prosecutor's Office. This office initiates search measures and requests the Higher Regional Court to issue a provisional extradition warrant pursuant to Section 18 of the International Criminal Court Act (IAG).

• Issuance of the extradition warrant

• The competent Higher Regional Court issues the extradition warrant in accordance with Section 17 of the International Criminal Court Act (IRG) by written order.

• Decision about the delivery: Once the arrest warrant has been issued, there are two ways to complete the proceedings:

• Simplified extradition: The person being prosecuted can declare his consent to extradition after receiving judicial instructions in accordance with Section 41 of the International Criminal Court Act (IRG).
• Regular procedure: If the person being prosecuted refuses to consent, the Higher Regional Court decides on the admissibility of extradition in accordance with Section 29 of the International Criminal Court Act.

The court examines possible obstacles to extradition, such as the absence of double criminality or political persecution, and decides whether extradition is permissible.

• Legal protection options in extradition detention

• An important part of the defense in extradition proceedings is the assertion of grounds of inadmissibility, so-called obstacles to extradition.
• If the formal extradition warrant has already been issued, these arguments should be raised in order to obtain a revocation or suspension of the warrant. 
• Ideally, all relevant arguments must be presented to the Higher Regional Court before the court issues its admissibility decision, as the decision is final under Section 13 of the International Criminal Court Act (IAG). A new admissibility decision can only be made under Section 33 of the IRG if new circumstances have arisen since the Higher Regional Court's initial decision.
• If extradition is nevertheless permitted, the last option is to file a constitutional complaint with the Federal Constitutional Court.

Criminal and extradition lawyer: Your strong defense in international proceedings

Our lawyers, who are also experienced in extradition proceedings, offer comprehensive support in international extradition matters. We ensure that your rights are protected, respond quickly and effectively in the event of detention, and examine the defense and legal protection options for your individual case.

• Legal assistance in extradition proceedings
• Representation at detention hearings
• Request for access to files and review of the extradition file
• if necessary, submission of applications and relevant documents to defend against extradition
• Case management in complex international extradition cases
• Contesting a European arrest warrant
• Examination of the legality of the arrest warrant and possible procedural errors
• Deletion or correction of the entry in the Schengen Information System (SIS)
• Contesting an Interpol Red Notice
• Legal review of the Interpol alert for procedural deficiencies
• Request to delete or update the entry at Interpol
• Protective measures by filing a protective letter to prevent future problems
• Further legal support
• Requests for information on existing arrest warrants or alerts
• Advice and support for clients in extradition custody
• If there is a chance of success: Application for exemption from detention during the extradition proceedings
• Constitutional complaint to the Federal Constitutional Court (BVerfG) alleging violations of fundamental rights in the event of a final admissibility decision
• In particular, defence in the case of politically motivated extradition requests or the risk of political persecution in the requesting state

Impending extradition proceedings or detention on the basis of a provisional extradition warrant require swift and deliberate action. Consult a lawyer specializing in extradition law early on to optimally address your defense and legal protection options. Contact us for a free initial consultation and learn how we can help you, or perhaps your relatives who are already in custody, effectively defend your rights.

Frequently Asked Questions (FAQ)