Extradition Lawyers in Cyprus
The Constitution of the Republic of Cyprus is based on European legal standards regarding the extradition of criminals and convicted individuals. Extradition is defined as the action of identifying and transferring individuals suspected or convicted of criminal offenses.
Extradition processes in Cyprus require a deep understanding of international law and national legislation.
Our law firm provides expert support at every stage: from analyzing the request to legal defense and appeals. We specialize in challenging unfounded extradition requests, defending against politically motivated persecution, and dealing with Interpol notices.
How does Interpol work in Cyprus?
Interpol is the world’s largest international law enforcement organization, assisting member countries in collaborating to combat crime. In Cyprus, Interpol plays a crucial role in ensuring safety by facilitating the exchange of information and coordinating efforts to pursue criminals evading justice.
In Cyprus, Interpol’s operations are conducted through the National Central Bureau, which is under the management of the Cyprus police. The NCB serves as a liaison between Cyprus law enforcement agencies and Interpol’s headquarters in Lyon, as well as with other member countries.
The main functions of the NCB are:
- Exchange of information on international crimes;
- Processing requests for search, arrest, and extradition;
- Support for national law enforcement agencies in investigating international crimes;
- Issuance and execution of Interpol notices.
The Cyprus police are actively cooperating with Interpol to address issues related to cross-border crime: drug trafficking, money laundering, terrorism, and others.
Interpol provides Cypriot law enforcement agencies with access to a global database that contains information on wanted individuals, stolen documents, weapons, and vehicles.
The International Criminal Police Organization also assists in coordinating operations to arrest individuals wanted on an international level and supports extradition requests.
If you find out that an Interpol notice has been issued against you, or if you are involved in an extradition request, it’s crucial to act quickly and professionally. In such situations, the assistance of an experienced lawyer is necessary. They can verify the legality of the notice, help draft a petition to the CCF for its cancellation, challenge any unfounded accusations, and ensure your rights are protected under Cyprus law.
What is Extradition?
Extradition is an international legal procedure in which the country of residence hands over individuals sought by a requesting state for criminal prosecution or to serve a sentence already passed. This process plays a key role in ensuring international justice and combating transnational crime.
Extradition is aimed at upholding justice and law and order, preventing evasion of responsibility, and strengthening trust between states.
Main functions of extradition:
- Strengthening international cooperation in law enforcement;
- Ensuring the inevitability of punishment and the pursuit of individuals who have fled beyond their country’s borders.
- Countering international crime.
The main principles of extradition regulation in Cyprus:
- The crime must be recognized as criminally punishable in both countries.
- The request cannot be based on political persecution, discrimination, or other unlawful grounds.
- Extradition is not possible if there is a risk of torture, inhumane treatment, unfair legal proceedings, or the possibility of the death penalty in the requesting country.
- If the statute of limitations for criminal prosecution has expired in one of the jurisdictions, the request will be denied.
- In most cases, citizens of Cyprus are not subject to extradition. Instead, they can be held accountable within the country’s territory.
In Cyprus, extradition is governed by both national legislation and international treaties, ensuring strict legal oversight at all stages of the process.
The extradition law establishes the procedure for considering extradition requests, the criteria for their admissibility, and the procedural norms applicable in Cyprus. The Criminal Procedure Code regulates the main aspects of judicial proceedings in extradition cases.
As a member of the EU and the Council of Europe, Cyprus adheres to the standards of the European Convention on Extradition, which defines the rules for extradition between member states.
Cyprus also employs a simplified mechanism for the extradition of suspects or accused individuals under the European Arrest Warrant. This mechanism eliminates the need for a bilateral treaty between EU countries.
The Extradition Process in Cyprus
The process begins with the receipt of an official request from a foreign government. It is sent through diplomatic channels or international cooperation agencies.
The documents should include a description of the crime, an active arrest warrant, legal justification for the request, and confirmation of adherence to the principle of dual criminality.
The Ministry of Justice conducts a preliminary review to ensure compliance with Cyprus’s national legislation and international obligations. If the request meets the formal requirements, it is forwarded to a district court in Cyprus, where judicial hearings begin. The court examines the evidence presented by the requesting party, as well as the arguments of the lawyers representing the individual in question.
A person subject to extradition has the right to an attorney who can present evidence and arguments against the extradition.
The court makes a decision on whether extradition is permissible or not. If the court deems the request to be legitimate and in accordance with Cyprus law, the case is forwarded to the Ministry of Justice for a final decision. If the decision is negative, the extradition process comes to an end.
The Ministry of Justice in Cyprus has the authority to approve or reject a request, even if a court has deemed it admissible. The Ministry’s decision is based on the general interests of Cyprus, international obligations, and the observance of human rights.
Extradition based on a European Arrest Warrant
If both states are members of the EU, traditional extradition procedures will be simplified and expedited based on the European Arrest Warrant.
The procedure begins with the issuance of an arrest warrant by a competent judicial authority for criminal prosecution or punishment enforcement. The processing of the arrest warrant includes detailed identification information of the individual, a description of the crime and its legal classification, information about the sentence or arrest warrant, and the maximum prescribed punishment.
After receiving an EAW (European Arrest Warrant), law enforcement agencies of the executing state issue a national-level search for the individual and also carry out an arrest if they are found within their territory.
A competent judicial authority of the executing state conducts a hearing to verify the legality of the arrest, establish the identity of the detainee, and assess possible grounds for refusal to extradite. The executing state does not evaluate evidence of guilt or innocence, as this is the prerogative of the judicial authorities of the requesting state.
The deadline for making a decision is 60 days from the time of arrest. The deadline may be extended by 30 days in exceptional cases. Extradition must be carried out within 10 days after the final decision.
Treaties with Cyprus that do not provide for extradition
Non-Extradition Countries are states with which Cyprus does not have extradition agreements signed. There is no standard legal mechanism between them for the transfer of suspects or accused individuals.
As of now, Cyprus has extradition agreements with a number of countries:
- China;
- Iran;
- Iraq;
- Saudi Arabia;
- North Korea
- Cuba;
- Venezuela;
- Syria;
- Yemen;
- Eritrea;
- Sudan
- Zimbabwe
- Nepal;
- Malaysia;
- Qatar;
- Belarus;
- Bolivia;
- Angola;
- Lebanon;
- Myanmar.
However, the absence of a treaty does not preclude the possibility of extradition: extradition can be carried out on the basis of individual agreements or through international mechanisms.
What is a red notice?
A Red Notice is an official request issued by Interpol at the request of one of its member countries to locate, temporarily detain, or arrest a person wanted for a criminal offense.
Although a red notice is often confused with an international arrest warrant It is not such. It’s a tool for transmitting information and coordinating actions between countries, but the decision to arrest is made based on the national laws of the country where the wanted person is found.
Functions of the red alert/notification:
- Coordinating actions between countries to apprehend criminals who are subject to international search warrants;
- Localization of the whereabouts of the person sought and their travel routes;
- Temporary detention of a wanted person until an official extradition request is received;
- Preventing the evasion of justice.
The request to issue a Red Notice is initiated by the national law enforcement agencies of Cyprus or a foreign state through the National Central Bureau of Interpol.
The NCB must provide evidence confirming the legality of the search, including a valid arrest warrant, court order, and description of the crime.
The NCB evaluates the validity of the request and its compliance with Interpol’s Constitution. Special attention is given to the inadmissibility of using Red Notices for politically motivated or discriminatory persecution. Then, the National Central Bureau forwards the request to Interpol’s headquarters in Lyon for review.
If the request is approved, a red notice is published in the Interpol database and becomes accessible to law enforcement agencies of all member countries.
Based on the notification, each country independently decides whether to take action regarding the person sought based on national legislation.
How can you remove a Red Notice from Interpol?
Like any legal mechanism, an Interpol Red Notice can be misused. A Red Notice can be challenged and removed on the following grounds:
- Persecution on the basis of religion, race, or ethnicity;
- Mistakes in identification;
- Violation of the double jeopardy principle;
- Insufficiency or lack of evidence;
- Expiration of the statute of limitations in one of the jurisdictions;
- Violation of the Interpol Charter.
To file a complaint, it is necessary to prepare:
- A copy of the red notice or information about it (can be requested through the Cyprus NCB);
- Supporting documents that prove the notification is unjustified (for example, evidence of an identification error, statute of limitations expiry, or political motivation);
- Personal information: passport, proof of residence, citizenship;
- Cover letter with arguments for canceling the notification;
- If necessary, documents regarding your refugee status.
The first step is to consult with a lawyer who specializes in international law and Interpol matters. The attorney will analyze your case, check the validity of the notice, and help determine a strategy for contesting it.
Through the National Central Bureau of Interpol in Cyprus, you can request information about a notice. It’s important to obtain details about the requesting country, the reasons for the search, and other aspects of the case.
After that, it’s necessary to prepare a submission to the Commission for the Control of Files (CCF). The CCF is an independent Interpol body that reviews complaints about notifications.
The complaint must include a detailed explanation of the reasons for canceling the notification, evidence of the illegality of the Red Notice, and indications of violations of your rights.
The application is submitted through a lawyer, who ensures the accuracy of the documents and phrasing. After submission, the CCF confirms receipt of the complaint and begins its review. The commission analyzes the materials provided, may request additional documents or explanations. The review process takes from 6 to 12 months, depending on the complexity of the case.
If the CCF determines that a notice does not comply with Interpol’s rules, it is annulled. All Interpol member countries are notified of this, and the notice is removed from the database.
If the notification led to an arrest or restrictions in Cyprus, the CCF decision can be used to terminate legal proceedings or cancel restraining measures.
Legal Consultation on Extradition Issues in Cyprus
Extradition involves several stages: from filing a request to court proceedings. Each of these requires careful preparation of documents, legal analysis, and adherence to procedural deadlines. A lawyer can help not only with understanding the details of the case but also with minimizing potential risks.
Extradition requests can often be politically motivated or based on insufficient evidence. Professional legal assistance allows for the timely identification of such violations and effectively contesting them.
Cyprus is part of the European Union and a signatory to numerous international treaties regulating extradition. An attorney with experience in international matters can help take into account all legal nuances and protect the client.
Our team of Interpol lawyers has significant experience in the field of extradition law, international cooperation, and human rights protection. We provide full support to our clients at all stages of the process, starting from case analysis to court representation and appeals.
We thoroughly examine all the circumstances of your case, assess the validity of the extradition request, and develop a defense strategy. Our experts assist in preparing statements, petitions, and other documents for the courts of Cyprus, ensuring strict compliance with all procedural norms. Our lawyers represent clients’ interests in court, providing protection against unlawful extradition requests.
Our attorneys can also contest an Interpol red notice if it violates our client’s rights or is used for illegitimate persecution. In the event of an unsatisfactory outcome, we file appeals and represent the client in higher authorities.
Contact us right now for an initial consultation and to discuss the next steps for protecting your interests in complex legal situations.
