Extradition Lawyers in Germany
The threat of extradition limits a person’s freedom of movement and even their physical integrity. It presents a tremendous emotional burden and carries colossal legal risks, up to and including lengthy imprisonment. In such situations, the key to successful defense is qualified legal support.
Our team of experienced attorneys, led by Dmitry Konovalenko who specializes in defense and prevention of extradition procedures and Interpol activities. We utilize all available legal defense mechanisms to challenge arrest warrants, extradition requests, Interpol red notices, and even constitutional complaints.
Extradition Process in Germany
Extradition is a legal procedure involving the transfer of an individual accused or convicted of committing a crime from one country to another for the purpose of criminal prosecution or to carry out a sentence that has been handed down. In Germany, this procedure is governed by both international agreements and national laws. Its specifics depend on whether the extradition is happening within the European Union or to countries outside the EU.
Extradition based on a European Arrest Warrant
The European Arrest Warrant (EAW) is a simplified form of extradition among EU member states. It is governed by the EU Framework Decision of 2002, and in Germany, it has been implemented through the Act on International Mutual Legal Assistance in Criminal Matters (IRG).
German authorities receive requests from EU member states through centralized systems such as the Schengen Information System (SIS) or Interpol. The court examines the formal aspects of the EAW: the presence of necessary information, confirmation of a crime punishable in both countries, and a minimum sentence requirement (at least 1 year of imprisonment).
The individual is detained on the basis of an EAW (European Arrest Warrant). Within 48 hours, a court hearing is held to determine the legality of the detention. The court examines whether there are grounds to deny extradition. It’s important to note that within the framework of the EAW, such a possibility is minimal.
If extradition is approved, the individual is transferred to the requesting country within 10 days (or 60 days if there are complications).
Extradition to countries outside the EU
Extradition to countries outside the EU is governed by bilateral treaties or international agreements (such as the European Convention on Extradition of 1957). If there are no agreements, the procedure is conducted on the basis of reciprocity.
The request is made through diplomatic channels or Interpol. It must include a description of the crime, evidence of its commission, compliance of the punishment with German laws, and confirmation that the pursuit is not for political or discriminatory reasons.
The request is sent to the Ministry of Justice for assessment of its compliance with legal norms and Germany’s international obligations. After this, a preliminary judicial review is conducted to verify the legality of the detention and to decide whether there are grounds for extradition.
The court assesses whether the request meets the following criteria: dual criminality, absence of political or military motivation, guarantees of a fair trial, and adherence to human rights in the requesting country.
If approved, the case is transferred to the Ministry of Justice, which makes the final decision. If extradition is authorized, the individual is handed over to the requesting country within the established deadlines.
Challenging the extradition process
Although the extradition process in Germany is strictly regulated, there are certain legal mechanisms for challenging it.
Let’s consider the key grounds for challenging extradition:
- Human rights violations: the risk of torture, inhumane or degrading treatment, lack of fair trial, and the threat of the death penalty;
- Procedural errors: lack of evidence to support the charges, incomplete or incorrect information in the request, absence of double jeopardy;
- Political motivation: the crime is of a political nature, for example, related to the expression of political views.
- The principle of non bis in idem: an individual cannot be tried or punished again for the same offense if a final judicial decision has already been made on the matter.
After an extradition request is received, the individual is notified of its existence. At this point, it’s important to seek qualified legal assistance to timely start the process of contesting it.
If a person is detained, a court hearing is held within 48 hours to review the legality of the detention and the grounds for extradition. At this stage, one can already express an intention to contest the request.
Objections are sent to the competent court, which evaluates the legality of the extradition. The statement must specify the reasons for refusal. During the hearing, the court listens to arguments from both sides. The requesting party must prove the justification for extradition, while lawyers present evidence in support of the objections.
If the court decides in favor of extradition, an appeal can be filed with higher authorities. This requires further analysis of the case and preparation of evidence. After a final decision is made by the court or appellate body, the extradition can be either denied or approved. If it’s denied, the individual remains in Germany.
Constitutional challenge of extradition decrees in Germany
In some cases in Germany, extradition orders can be contested through the Federal Constitutional Court of Germany (Bundesverfassungsgericht). Filing a constitutional complaint is considered a last resort when all other legal remedies have been exhausted.
A constitutional complaint is a legal tool that allows citizens to protect their fundamental rights in cases where government decisions violate their constitutional rights. In the context of extradition, a complaint is filed if there are reasons to believe that the decision:
- Violates the right to life and physical integrity (Article 2 of the Basic Law);
- Contradicts the prohibition of torture and inhumane treatment;
- Limits the right to a fair trial;
- Infringes upon rights guaranteed by the Constitution in another way.
Grounds for filing a constitutional complaint:
- Extradition can lead to the death penalty, torture, inhumane treatment, or an unfair trial.
- The decision to issue violates the principles of the rule of law or does not take into account the individual circumstances of the case.
- The decision on extradition was made with procedural violations (without proper consideration of all the circumstances of the case or without taking into account Germany’s international obligations).
- The individual did not have the opportunity to utilize all available legal protections at the national level.
Before turning to the Federal Constitutional Court, it is necessary to exhaust all available legal remedies, including appealing the decision in administrative courts, filing an appeal, and cassation in higher judicial instances.
A constitutional complaint must be clearly structured and include a justification of the violation of constitutional rights, a description of procedural errors or unlawful actions in the extradition decision-making process, and references to the relevant articles of the Constitution.
The complaint is filed directly with the Federal Constitutional Court of Germany. The documents must be written in German and meet the established requirements.
The court is assessing the decree’s compliance with constitutional norms, the risks of violating fundamental human rights, and the procedural correctness of previous decisions. Reviewing the complaint may take several months.
If the court finds a violation of the Constitution, it can annul the extradition decree and mandate a case review. The decisions of the Federal Constitutional Court are final and binding.
Extradition laws between Germany and other countries
Extradition process in Germany, it is regulated by several legal acts. The Act on International Mutual Legal Assistance in Criminal Matters (IRG) defines the conditions for extradition, the procedure for considering requests, and the grounds for refusal to extradite.
The Constitution is the fundamental law of Germany, which guarantees the protection of human rights, including the prohibition of torture, inhumane treatment, and the death penalty.
Germany is also a participant in a number of international agreements that govern extradition.
- The European Convention on Extradition (1957), in force among the countries of the Council of Europe;
- The EU Framework Decision on the European Arrest Warrant (2002), which simplifies extradition procedures between EU countries.
- Bilateral agreements with other countries.
Within the EU, extradition is based on the European Arrest Warrant (EAW). The EAW is a legal tool used to simplify and expedite the extradition process between member countries of the European Union.
The European Arrest Warrant (EAW) has replaced traditional bilateral extradition agreements between EU countries. It operates directly, allowing countries to process requests more quickly. For 32 categories of crimes (such as terrorism, human trafficking, corruption, fraud, and organized crime), the double jeopardy principle does not need to be checked if the punishment exceeds 3 years of imprisonment.
What is Red Notice?
Interpol Red Notice is an international tool used for locating and temporarily detaining individuals sought by one of the Interpol member countries for the purpose of criminal prosecution or serving a sentence.
A Red Notice does not carry the legal force of an international arrest warrant. It serves as a request for cooperation between law enforcement agencies.
A Red Notice is aimed at locating a wanted person and detaining them in one of the Interpol member countries until an official extradition request is made.
A Red Notice can only be issued based on the existence of a national arrest warrant. It also applies to serious crimes punishable by imprisonment for a term of not less than one year.
Interpol prohibits issuing notices if they are related to political, military, racial, or religious motives. A notice must be justified by the fact that the search for a person is of interest to international security and justice.
A Red Notice contains essential information that helps identify a person wanted for extradition:
- Personal information: full name and possible aliases, date and place of birth, citizenship, photograph;
- Crime details: a brief description of the committed offense, legal classification of the crime according to the laws of the requesting country;
- Reasons for search: national arrest warrant, request for temporary detention for extradition;
- Additional data: fingerprints and other biometric information, the last known location or movements of the person being sought.
If you believe you’ve been unfairly targeted with a red notice, or if you’re seeking more information on how to challenge it, please reach out to our attorneys. We have extensive knowledge and experience in dealing with Interpol and are ready to defend your rights.
How to remove an Interpol Red Notice in Germany?
Despite Interpol’s strict requirements for data processing, notices can be misused. In Germany, there is an opportunity to challenge a red notice and have it removed from Interpol’s database.
Interpol prohibits the use of its mechanisms for political, military, religious, or racial persecution. If a notice is issued for such reasons, it is subject to removal.
A Red Notice must be based on a national arrest warrant that is supported by substantial evidence. If such evidence is lacking, the notice can be contested. If the notice contains incorrect or false information, this also serves as grounds for its removal.
A notification can be removed if there’s a risk that the individual may face torture, inhumane treatment, or an unfair trial in the country requesting the search.
First and foremost, it’s crucial to consult with an experienced international lawyer who can accurately assess the situation and identify the grounds for contesting the notice. After that, it’s necessary to prepare a submission to the Interpol Files Control Commission.
The CCF is responsible for monitoring and protecting data in the Interpol database. The statement must include the following information: the applicant’s personal data, a detailed description of the case, and arguments against the notification’s legitimacy, as well as evidence supporting the violation of your rights or the notification’s non-compliance with Interpol rules.
The application must be submitted in written form in either English or French. All documents must be translated and notarized.
After receiving the application, the Commission conducts a detailed analysis, which includes requesting additional information from the country that initiated the notification, verifying the notification’s compliance with the Charter, and analyzing the provided evidence.
Reviewing the application can take from several months to a year. If the Commission deems the notification to be unfounded, it will be removed from Interpol’s database.
If the application was rejected, it’s possible to submit a new one, supplemented with evidence, or use other legal mechanisms to protect your rights.
How can our Interpol case lawyers help?
Extradition and Interpol red notices are complex legal procedures that can create significant legal and reputational problems, as well as restrict an individual’s freedom of movement. Our law firm specializes in providing professional assistance in such matters, offering clients effective solutions at every stage of the process.
We work with clients around the world, providing legal support in matters of extradition and Interpol notices. Our lawyers have deep knowledge of international law and Interpol procedures.
Our team also effectively collaborates with law enforcement agencies in Germany, the Interpol Files Control Commission, and other international organizations.
Our Interpol legal team provides the following services:
- Legal consultations and case analysis;
- Checking the legality of Interpol notifications;
- Preparation and submission of applications to the CCF Commission;
- Contesting extradition requests in German courts.
- Representing the client’s interests at all stages of legal proceedings;
- Negotiations with representatives of other countries and organizations.
We help minimize the reputational risks associated with international searches, including removing information from public sources and databases.
Contact us now for an initial consultation and to discuss the next steps in protecting your interests. Our specialists are ready to provide professional support and develop an effective defense strategy that delivers results.
