An extradition request is a serious matter and requires immediate legal assistance. Our expert Extradition and Interpol Defense team has extensive experience dealing with time-sensitive extradition requests. Extradition from Germany to Switzerland is no isolated case. In 2021, 25 extradition requests from Switzerland were handled in Germany. Among the most common offences for extradition requests from Switzerland were theft, fraud, criminal damage and money laundering.   

Our extradition lawyers at Schlun & Elseven have long-standing experience dealing with extradition requests and Interpol Red Notices. If extradition proceedings against you or a loved one are already pending, please do not hesitate to contact us so we can start defending you immediately.  

Extradition to Switzerland is based on the European Convention on Extradition of December 13th 1957 and the German Act on International Mutual Assistance in Criminal Matters (“IRG”). In addition, Germany and Switzerland concluded an additional agreement on November 13th 1969, which supplements the provisions of the European Convention on Extradition.

The principles of the European Convention on Extradition largely influence the extradition practice between Germany and Switzerland. Accordingly, the two states are obliged to cooperate and extradite if the treaty’s conditions are met.

The regulations concerning extradition listed in the European Convention on Extradition are the following:

• Article 2: The treaty only provides for extradition if the offence on which the extradition is based is punishable by a minimum prison sentence of at least one year in both states.
• Articles 3 and 4: Extradition is excluded for political and military offences.
• Article 5: Concerning fiscal offences, extradition will only be granted if this has been expressly agreed on by the contracting states regarding specific criminal acts. In extradition proceedings between Germany and Switzerland, extradition due to a fiscal offence is only approved in particularly serious cases. Regarding extradition traffic between Germany and Switzerland, it should also be noted that Switzerland, unlike Germany, differentiates between tax evasion and tax fraud. In Switzerland, tax evasion is not punishable by a prison sentence but only by a fine, which means that an act that falls within the scope of tax evasion in Switzerland does not fall under the criminal offences of Article 2 of the European Convention on Extradition (see above).
• Article 6: Contracting countries are not required to extradite their own nationals.
• Article 7: The requested state can object to extradition if the alleged offence happened on its territory.
• Article 8: Ongoing proceedings for the same offence in the requested state usually take precedence over extradition.
• Article 9: A prior conviction in the requested state for the act on which the extradition request is based also excludes extradition (“Non-bis in idem”)
• Article 10: Extradition will normally not be granted if the statute of limitations expires according to the regulations of the requesting or requested state. However, Switzerland and Germany have repealed this regulation through their bilateral treaty supplementing the European Convention on Extradition, which is why extradition between the two states can no longer be rejected on the grounds that the statute of limitations has expired.
• Article 11: Extradition can be denied if the act for which extradition is sought is threatened with the death penalty in the requesting state.

In 2021, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited Swiss detention centres. The committee reported on the lack of safeguards against the ill-treatment of people in police custody and overcrowded prisons. The ill-treatment of people in police custody included:

• Verbal and racist harassment.
• The improper use of fixation chairs and beds.
• Cases in which people have been kept in custody longer than lawfully allowed.

Another study by the Swiss Centre of Expertise in Human Rights from 2020 described that the detention regime was too restrictive in many instances. It reported prolonged periods of confinement, limited access to common areas and the walking yard, insufficient free time activities or employment opportunities, and overly restrictive visiting regulations.

At Schlun & Elseven, our expert extradition and Interpol lawyers have great expertise in examining legally complex cases and dealing with requests for extradition. We will review your case in depth to determine on what basis the extradition request can be challenged and to represent you as effectively as possible during these demanding times. Contact us now for swift legal advice – we know how time-sensitive defending against extradition is.