Switzerland is not a member of the European Union, which means that extradition from Germany to Switzerland does not follow the European Arrest Warrant framework that applies between EU member states. As a result, a different and in some respects more complex legal framework governs the extradition process. In 2021, 25 extradition requests from Switzerland were handled in Germany, with theft, fraud, property damage, and money laundering among the most common grounds. Understanding the specific rules that apply is essential for building an effective defense.

At Schlun & Elseven Rechtsanwälte, our extradition lawyers have extensive experience handling extradition cases involving Switzerland and are prepared to examine every aspect of your case. If you are facing extradition from Germany to Switzerland, contact us without delay.

Extradition from Germany to Switzerland is governed by three legal instruments. The primary basis is the European Convention on Extradition of December 13, 1957. The German Act on International Mutual Assistance in Criminal Matters (IRG) applies additionally where the convention does not provide specific guidance. Furthermore, Germany and Switzerland concluded a bilateral supplementary agreement on November 13, 1969, which builds on and modifies certain provisions of the European Convention on Extradition.

The European Convention on Extradition forms the primary legal basis for extradition between Germany and Switzerland. Both states are obliged to cooperate and extradite where the treaty’s conditions are met. The key provisions of the European Convention on Extradition relevant to extradition between Germany and Switzerland are as follows:

• Article 2: Extradition is only available where the offense 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 offenses.
• Article 5: Extradition for fiscal offenses is only granted where this has been expressly agreed upon by the contracting states for specific criminal acts. In proceedings between Germany and Switzerland, extradition for fiscal offenses is approved only in particularly serious cases. It should also be noted that Switzerland, unlike Germany, distinguishes between tax evasion and tax fraud. Tax evasion in Switzerland is punishable only by a fine and not by imprisonment, meaning it does not meet the criminal offense threshold under Article 2 of the convention.
• Article 6: Contracting states are not required to extradite their own nationals.
• Article 7: The requested state may refuse extradition where the alleged offense was committed on its own territory.
• Article 8: Ongoing criminal proceedings for the same offense in the requested state generally take precedence over extradition.
• Article 9: A prior conviction in the requested state for the same act excludes extradition under the principle of non bis in idem, commonly known as double jeopardy.
• Article 10: Extradition is normally refused where the statute of limitations has expired under the laws of either the requesting or requested state. However, Germany and Switzerland have disapplied this provision through their bilateral supplementary agreement, meaning extradition between the two countries can no longer be refused solely on statute of limitations grounds.
• Article 11: Extradition may be refused where the offense in question carries the death penalty in the requesting state.

Detention conditions in Switzerland can also be relevant to extradition proceedings. In 2021, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited Swiss detention centers and reported on a lack of safeguards against ill-treatment in police custody and overcrowded prisons. Specific concerns included:

• Verbal and racist harassment of individuals in police custody
• Improper use of fixation chairs and beds
• Cases in which individuals were held in custody longer than lawfully permitted

A 2020 study by the Swiss Centre of Expertise in Human Rights additionally reported that detention regimes were excessively restrictive in many instances, with prolonged periods of confinement, limited access to common areas and outdoor spaces, insufficient free time activities or employment opportunities, and overly restrictive visiting regulations. Where such conditions can be substantiated, they may constitute a ground for refusing extradition under human rights law. Our extradition lawyers will assess whether these conditions are relevant to your case and pursue all available grounds for refusal on your behalf.

Extradition from Germany to Switzerland is a legally complex matter that requires swift and experienced legal intervention. Our extradition lawyers will analyze your case in detail, examine all available grounds on which the extradition request can be challenged, and represent you effectively at every stage of the proceedings. Where an Interpol Red Notice from Switzerland has been issued against you, we will additionally work towards its removal, protecting your freedom of movement and preventing proceedings from advancing. Time is critical in extradition cases. Contact us now for immediate and confidential legal advice.