Facing an extradition request from Russia raises a number of serious legal questions. The possibility of politically motivated prosecution, concerns about fair trial standards, and reports of inadequate detention conditions in Russian facilities are all factors that must be carefully assessed. At Schlun & Elseven Rechtsanwälte, our extradition lawyers have extensive experience handling extradition cases involving Russia and are prepared to examine every aspect of your case to build the strongest possible defense.

Extradition between Germany and Russia is governed primarily by the European Convention on Extradition of the Council of Europe, concluded in 1957. Russia signed the convention following the collapse of the Soviet Union in 1996. Subsequently, following the outbreak of the war in Ukraine and the international response to it, Russia was expelled from the Council of Europe in 2022. Despite this, Russia remains a party to the European Convention on Extradition, as the agreement is also open to non-member states. Furthermore, the German Act on International Mutual Assistance in Criminal Matters applies where the convention does not provide specific guidance.
Although the legal framework for extradition between Germany and Russia technically remains in place, in practice extradition to Russia has become significantly more difficult. Following Russia’s military actions against Ukraine, the French Presidency of the Council of the EU urged member states to exercise particular vigilance regarding cooperation requests in criminal matters from Russia and Belarus. Member states were additionally called upon to carefully scrutinize extradition requests that may be politically motivated. Against this backdrop, German courts have increasingly scrutinized and in several cases refused extradition requests from Russia on human rights and rule of law grounds.

Several extradition obstacles are of particular relevance in cases involving Russia. German authorities have in the past refused a number of Russian extradition requests on the grounds of suspected political motivation, as prohibited under Article 3 of the European Convention on Extradition. In addition, reports of degrading and inhumane prison conditions in Russian detention facilities are well-documented. These too provide grounds for refusal. All German state institutions are bound by the rule of law. Where there are indications that a requesting state has violated or is violating the rule of law in the criminal proceedings underlying the extradition request, German authorities and courts are therefore obliged to refuse the request.

German and European courts have increasingly scrutinized extradition requests from Russia in recent years. Several significant cases illustrate that politically motivated proceedings can constitute a valid ground for refusal and that as a result, extradition requests from Russia must be subjected to rigorous independent scrutiny.

A notable German case involved a Russian national and sole shareholder of a fish processing company in Sakhalin, facing extradition for alleged tax offenses and bankruptcy fraud. He argued that the charges had been deliberately staged with the involvement of state officials, including the regional governor, with the aim of nationalizing his company at a minimal price. He also raised concerns about detention conditions in Russian facilities. The Higher Regional Court of Düsseldorf initially declared the extradition admissible, relying on assurances provided by Russian authorities. As a result, he filed a constitutional complaint before the German Federal Constitutional Court. In its judgment of December 8, 2021, the court found that the Higher Regional Court had failed to conduct an independent examination of the political persecution allegations and had moreover not adequately assessed the reliability of the Russian assurances regarding detention conditions. The court made clear that a guarantee from the requesting state does not release a German court from its obligation to carry out its own risk assessment. Where credible indications exist that a person’s rights may be violated following extradition, German authorities are therefore obliged to refuse the request.

A further prominent example is the case of Russian citizen Alexey Alchin in Bulgaria. Alchin had been living in Bulgaria since at least 2017. Russia’s Prosecutor’s Office sought his extradition in mid-2022 in connection with alleged tax offenses from 2015, notably only after Alchin had publicly burned his Russian passport at an anti-war protest in February 2022 and become widely known for his criticism of Russian policies. Alchin furthermore stated he had been unaware of the charges before extradition was sought. Notwithstanding the EU’s call for vigilance regarding cooperation requests from Russia, a Bulgarian court initially granted the extradition request in August 2022. On appeal, however, the decision was overturned and extradition was ultimately refused.

Extradition from Germany to Russia raises serious legal and human rights concerns. Our extradition lawyers bring the expertise and experience needed to challenge unlawful extradition requests, pursue the removal of Interpol Red Notices from Russia, and defend your rights at every stage of the proceedings. Contact us now through our secure contact form for immediate and confidential assistance.