Extradition between Germany and the USA

The lawyers at Schlun & Elseven Rechtsanwälte are at your side when you are confronted with extradition.

Extradition between Germany and the USA

The lawyers at Schlun & Elseven Rechtsanwälte are at your side when you are confronted with extradition between Germany and the USA.

Extradition from Germany to the United States is a complex legal procedure governed by extradition treaties and international law. For individuals facing extradition from Germany to the US, expert legal representation is crucial. Our experienced Extradition and Interpol Team is dedicated to protecting our clients’ rights throughout the extradition process, whether our clients are facing charges related to white-collar crime, drug offenses, or other transnational crimes. Contact us today to schedule a confidential consultation with our extradition defence team.

Statutory basis of Extradition between the United States and Germany

Extradition from Germany to the USA is governed by the Extradition Treaty of June 20th 1978 between Germany and the United States of America alongside the supplementary treaties of 1986 and 2006. Additionally, Germany’s domestic laws and regulations, such as the Act on International Mutual Assistance in Criminal Matters and the German Constitution may play a role in governing extradition proceedings.

Extradition to the US of German Nationals

Germany does not extradite its nationals to the US. This is determined in Article 7 of the Extradition agreement and Art. 16 (2) of the German Constitution (Grundgesetz). Art. 7 Section 1 reads: “Neither of the Contracting Parties shall be bound to extradite its nationals.” Article 16 (2) Grundgesetz determines, that the extradition of German nationals is only exceptionally permitted to other EU countries, and certain international courts provided that “the rule of law is observed”. This allowance for extradition to EU member states does not extend to non-EU countries (“third countries”), including the USA.

Extradition of Other Nationals from Germany to the US: Requirements 

The constitutional protection against extradition under Article 16 (2) Grundgesetz does not extend to non-German citizens. The extradition treaty between Germany and the United States includes following requirements:

  • Extraditable offenses: The offence must be punishable under the Federal laws of the United States as well as the laws of Germany. For prosecution, the minimum sentence must be exceeding one year’s imprisonment and for the enforcement of a penalty or a detention order, the duration of the penalty still to be served must amount to at least six months.
  • Political and military offenses: The extradition request must not be of political character or regarding a military offence.
  • Double Jeopardy: The wanted individual must not have been tried and discharged or punished with final and binding effect by German Courts for the offence for which his extradition is requested. As of recently, the European Court of Justice decided, that Germany must also deny extradition if the wanted person has been tried and convicted in any member state of the European Union, irrespective of whether the individual is a citizen of the EU.
  • Lapse of Time: The prosecution must not be time-barred.
  • Extradition may be refused if the person sought is proceeded against in Germany for the offence for which extradition is requested.

Prominent cases in the past: Mohammed Ali Hamadi 

Mohammed Ali Hamadi is the lead hijacker of an airplane hijacking in 1985. The hijackers held passengers with Jewish-sounding names hostage and demanded the release of 700 Muslims from Israeli Custody. He was arrested two years later in Germany while attempting to smuggle explosives. An extradition request from the United States was denied by Germany based on the fact that Hamadi would have faced capital punishment in the US. He ended up serving a 19 year long prison sentence in Germany but was paroled in 2005 and is now believed to reside in Lebanon. He is still considered a fugitive by the U.S. Department of Justice.

Extradition and the Death Penalty

The death penalty is currently authorized by 27 out of 50 states of the USA, the federal government, and the U.S. military. It was abolished in West-Germany in 1949 and is to this day forbidden by the German Constitution. The second supplementary treaty to the extradition treaty elaborates on extradition regarding offenses that are punishable by death in the requesting state. It states that Germany may grant extradition on the condition that the death penalty will not be imposed on the person sought or that it will not be carried out. Further, Germany can deny extradition if the US does not accept the conditions.

Prison Conditions in the United States 

The United States holds the distinction of having the largest prison population worldwide, totalling 1,230,100 inmates in 2022. Despite the substantial number of prison inmates, there are very few current reports detailing prison conditions. However, it can be noted, that American prisons differ greatly from their European counterparts, for example often lacking individual cells and instead utilizing dormitories that house more than 20 inmates. Accounts by Amnesty International also report cases of overcrowding and prolonged solitary confinement.

Furthermore, the US prison and justice system is regularly criticized for disproportionally incarcerating black Americans and imposing particularly harsh penalties for drug offences. At the end of 2022, the majority of sentenced prisoners were black (32%), whereas the black population in America only makes up 12.1 percent of the total population. In addition to that, a significant portion of all inmates, forty-seven percent, were serving time for drug offenses as of September 30, 2021.

Schlun & Elseven: Skilled Legal Assistance in Extradition Law 

Our team of expert extradition lawyers is well-versed in handling requests regarding extradition matters from the United States and advocates for clients of all nationalities located in Germany. Please do not hesitate to contact us via our secure contact form for comprehensive legal assistance.

Contact us now.

„Extradition & Interpol Lawyer – by Schlun & Elseven“ is a website for the Extradition & Interpol Taskforce of the renowned German Law firm Schlun & Elseven. Due to our extensive experience in worldwide extradition Law and various Interpol cases, we can offer full-service legal advice and comprehensive support you can trust.

We are aware of our client’s particular need for security. Our contact form is transport-encrypted with SSL/TLS. Our servers are in Germany, and our support network is based in Switzerland.

Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

Extradition & Interpol Lawyer
Düsseldorf

Düsseldorfer Str. 70
40545 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Extradition & Interpol Lawyer
Cologne

Kyffhäuserstr. 45
50674 Cologne
Tel: +49 221 93295960
Fax: 0221 932959669

Extradition & Interpol Lawyer
Aachen

Von-Coels-Str. 214
52080 Aachen
Tel: +49 241 4757140
Fax: 0241 47571469

Locations & Office Times

Mo – Fr: 09:00 – 19:00

24h Contact: 0221 93295960

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