Complex international extradition cases demand exceptional international legal counsel and strategic case management. At Schlun & Elseven Rechtsanwälte, our extradition lawyers in Germany bring the depth of expertise and proven experience needed to navigate even the most challenging cross-border proceedings. Our firm has a strong track record in international extradition defense, politically motivated Interpol Notice cases, and complex asset protection matters.

Extradition proceedings move quickly, and early legal intervention is critical. Even if you only suspect that you may become the subject of an extradition request, understanding your options at the earliest opportunity can make a decisive difference. In some cases, preemptive action against an Interpol Notice or extradition request can prevent an unexpected arrest before formal proceedings are initiated.

When a foreign state requires the return of a wanted person located in Germany, it may submit a formal extradition request to the German authorities. The legal basis for extradition from Germany depends on the agreements in place between Germany and the requesting state. Germany has concluded bilateral extradition treaties with numerous countries worldwide and is a party to several major multilateral instruments. It is also a party to several major multilateral instruments, including the European Convention on Extradition. If no such agreement between Germany and the requesting state exists, the German Act on International Cooperation in Criminal Matters determines the legal grounds for international legal assistance.

Extradition proceedings in Germany are typically initiated by a formal request for legal assistance from a foreign state. German authorities have several tools available to locate wanted individuals. These include the Schengen Information System (SIS), Interpol notices, and targeted requests to other countries. Within the European Union, extradition from Germany is most commonly sought through a European Arrest Warrant. This instrument is less bureaucratic and considerably more effective than traditional extradition procedures. However, a European Arrest Warrant does not automatically lead to extradition. It can be challenged on a range of grounds, including inadequate detention conditions in the requesting state or other legal obstacles.

The Process in Germany After an Extradition Request Has Been Made

When a foreign extradition request is received, the relevant German authorities assess whether there are legal or political grounds to refuse the request. If the request is granted, it is referred to the relevant General Prosecutor’s office. The competent Higher Regional Court must then issue an extradition warrant, and the General Prosecutor initiates a search for the individual concerned.

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. Grounds on which extradition may be found unlawful include the risk of torture or inhumane treatment in the requesting state, the prospect of a death penalty, and the health condition of the individual concerned.

Schlun & Elseven has extensive experience representing individuals subject to politically motivated extradition requests and Interpol notices. Those targeted include politicians, business people, military officials, and other prominent individuals. The motivations behind such proceedings are varied. They are not always connected to certain political convictions. Personal disputes, allegations of corruption, and economic interests can all give rise to politically motivated proceedings.
Interpol Red Notices in particular are frequently misused as instruments of political persecution. Such proceedings are unlawful and violate the right to a fair trial under Article 6 of the European Convention on Human Rights. Establishing the political motivation behind a case can be challenging. It requires a clear and well-evidenced legal strategy. Our lawyers have the knowledge and experience to build such cases effectively. 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 living under the constant risk of detention and surrender. Extradition proceedings involve numerous legal and administrative steps, and experienced case management is essential throughout. Once a national extradition warrant has been issued, it can be challenged directly before the relevant Higher Regional Court, which has the power to set the warrant aside on a number of grounds.

Extradition is unlawful in a range of circumstances. These include cases where the alleged conduct does not constitute a criminal offense under German law, where the requesting state poses a risk of torture or inhumane treatment, where the offense carries the death penalty without adequate assurances, where proceedings are solely politically motivated, or where a fair trial cannot be expected. Extradition may also be refused where the defendant cannot be moved due to serious illness, where there is a risk of onward extradition without German consent, or where extradition would conflict with the fundamental principles of the German legal system.

Where an extradition decision has been issued, a constitutional complaint may be lodged before the Federal Constitutional Court within one month of receiving the challenged decision. The Court examines whether the decision constitutes a clear and weighty violation of fundamental rights. Where such a violation is found, the decision is set aside and referred back to the competent Higher Regional Court.