Defending an extradition case is different from defending a domestically prosecuted criminal case. Our clients find themselves in exceptional situations that require exceptional legal assistance and case management. Schlun & Elseven has the expertise and experience necessary to support our clients in such international extradition proceedings. As we have successfully assisted clients in a wide range of cases involving politically motivated Interpol Notices and complex international asset protection, we have been able to amass a great wealth of knowledge. Through our diverse language skills and our constant willingness to travel abroad to meet with clients, we can provide our service worldwide to support our clients with all their legal challenges.

Considering the complexity of extradition law and the speed at which the process can happen, it is essential to take legal advice at the earliest opportunity. Even if you merely suspect that you could become the target of an extradition request, it is important to know your options. Taking preemptive action against Interpol Notices or extradition requests may, inter alia, enable us to prevent unexpected arrest. To know your rights and understand your options, it is vital to have reliable legal assistance by your side. The full-service law firm Schlun & Elvesen is international available to you to be your partner in all questions regarding extradition proceedings and similar issues.

States can request extradition if they need legal assistance from another country for the return of an individual. Extradition is the formal legal process in cases where a person has to face a criminal trial in another country. In principle, the legal basis for extradition depends on bilateral agreements between the country one is located and the requesting state. In the absence of such an agreement, the Act on International Cooperation in Criminal Matters determines the legal basis for international legal assistance. 

In general, a foreign state’s request for legal assistance will initiate extradition proceedings. National authorities have the possibility to arrange an international search via the Schengen Information System (SIS), Interpol and via targeted requests to participate in a search to other countries. Within the European Union, states can request extradition by issuing a European Arrest Warrant (EAW). As EAWs are less bureaucratic and, therefore, much more effective, issuing a EAW can be helpful. However, it does not automatically lead to extradition. Even within the European Union extradition can be challenged because of desolate detention conditions in other European countries or other obstacles. Thus, consulting a lawyer, specialized in extradition law, can be vital to know all the possibilities to take legal action against the extradition request. If you are subject to an extradition request, our team of lawyers will support you in every possible way to protect your rights.

The Process in Germany after an extradition request was made

Following a foreign country’s request for legal assistance, the relevant local authorities have to decide about the legitimacy of the particular request. In Germany, those authorities include the Federal Office of Justice, the Federal Foreign Office and other federal offices whose areas of expertise are affected. They consider whether there are any political or legal reasons to dismiss the request. In case the request is granted, it is usually handed on to the relevant General Prosecutor’s Office. While the relevant Higher Regional Court has to issue the extradition warrant, the General Prosecutor has to commence a search.

Once a person is detained, they can declare their consent to simplify the extradition. If they decide not to do so, it is necessary that the Higher Regional Court decides whether extradition is legitimate before extradition can be conducted. Reasons for an extradition to be illegitimate are, inter alia, a threat of torture or inhumane treatment, an impending death penalty in the requesting state as well as the defendant’s health condition.

Our law firm has particularly gained extensive experience representing politically persecuted politicians, business people, military officials and other high-ranking individuals. The reasons that can lead to political persecution of individuals are diverse and are not necessarily connected to certain political convictions. Beyond this, personal differences, allegations of corruption, economic interests and many other factors can initiate politically motivated proceedings. Especially Interpol Red Notices are often misused for political persecution.

Such proceedings are illegitimate and violate the fair trial principle, protected under Article 6 of the European Convention on Human Rights. In case of political persecution, it is often difficult to establish sufficient evident to prove the political or military motivation behind the case. Our team of specialized lawyers has the required knowledge and experience to present such cases clearly and concisely that will help our clients to succeed. In addition to that, we regularly travel abroad for personal meetings with clients who cannot enter Germany or to gather further evidence for our clients.

Being subject to an extradition request means being at permanent risk of detention and extradition. Thus, the need for legal protection is great. Extradition proceedings involve numerous legal and administrative steps, making experienced legal assistance and case management a necessity. Once a national extradition warrant is issued, it is possible to challenge this warrant directly. As the affected person you can take recourse to the relevant Higher Regional Course and apply for nullification of the German extradition warrant. There are diverse reasons for the Court to have the extradition warrant set aside.

Obstacles to Extradition

A possible reason for the court is, inter alia, that the extradition has been declared illegitimate. In Germany, it is not obligatory for the defendant to be detained for the duration of the proceedings. The Higher Regional Court has to assess whether there are sufficient reasons, such as the risk of flight or collusion, to justify detention in the individual case. Before a person can get arrested, a police request for arrest has to be issued. This request is the basis for the detention of an individual. Because of the serious intervention into the freedom of an individual, there need to be sufficient remedies of legal protection. Since there is no legislation regulating the possible remedies against the request for the arrest itself and even court decisions on this issue are rare, it is widely discussed how to challenge it.

Our team of specialized lawyers has extensive experience in dealing with a police request for arrest on the basis of international searches and has successfully obtained their deletion in many cases.