In extradition law, a state requests the transfer of a persecuted person to another state for the purpose of prosecution or execution of a sentence. In practice, this is often associated with extradition detention until the question of whether extradition is admissible is clarified.
There may be various reasons against extradition, depending on the respective proceedings and the state requesting extradition. To clarify these questions, you should instruct a lawyer who has in-depth knowledge of extradition law. In principle, the “Act on International Mutual Assistance in Criminal Matters” is applicable.
The limits of mutual legal assistance include in particular § 73 IRG – Limits of mutual legal assistance:
“The provision of mutual legal assistance as well as the transfer of data without a request is inadmissible if it would contradict essential principles of the German legal system. In the case of requests under Part Eight, Part Nine, Part Ten and Part Thirteen, the provision of mutual legal assistance is inadmissible if the execution would be contrary to the principles contained in Article 6 of the Treaty on European Union.”
Special features of extradition requests from the United Kingdom (UK)
In cases of extradition requests from the United Kingdom (UK), the comprehensive “Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part” (TCA Agreement), which can be viewed at this link, has applied since BREXIT.
Cf. in this respect also
- Janssen, J. (2023): Auslieferung an das Vereinigte Königreich: Haftbedingungen, Anmerkung zu OLG Karlsruhe, Beschluss vom 10.03.2023, 301 OAus 1/23, StV 2023 Heft 10 S. 684 – 689)
- The Guardian v. 05.09.2023: Germany refuses to extradite man to UK over concerns about British jail conditions
- Court in Karlsruhe decides against extradition of Albanian man ‘in view of the state of the British prison system’
- (…) „His defence lawyer, Jan-Carl Janssen had studied in Glasgow and had written a thesis that looked at UK prison conditions. In court, Janssen cited his research about chronic overcrowding, staff shortages and violence among inmates in British prisons. On the back of this evidence, the German court sought reassurances on two occasions from the UK authorities about prison conditions there“ (…).
- Auslieferungsrecht (IRG): Auslieferung zur Strafvollstreckung nach Serbien – Beschluss des OLG Karlsruhe v. 22. April 2021: Die Auslieferung zur Strafvollstreckung nach Serbien ist unzulässig, wenn eine Verurteilung auf einem durch Folter erpressten Geständnis beruht.
We stand up for your rights.