Extradition from Germany
to India

Extradition from Germany and India

An extradition request always means a tremendous emotional burden and a legal challenge for those affected, which should not be faced without professional legal support.

Schlun & Elseven is your reliable, globally active partner to protect you from extradition. We not only advise and represent clients who are to be extradited from or to Germany but also take on the defence in all Interpol proceedings to obtain the cancellation of Red Notices. If extradition proceedings are already pending against you or if you anticipate such a measure in the future, contact us immediately so that we can take appropriate countermeasures.

Germany and India concluded an extradition agreement in 2001. The last time a decision was made on extradition requests to the other state was in 2019. A request from India to Germany was decided out of court. One request from Germany to India was granted.

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Extradition of German Citizens to India

The German constitution protects German citizens from extradition. However, Article 16 II of the German Basic Law permits the extradition of German citizens to other EU states or international courts, provided that the principles of the rule of law are upheld. The extradition agreement also stipulates that German nationals are not to be extradited to other states, Article 6 I of the agreement.

Extradition of non-German EU Citizens to India

According to the ECJ, EU citizens may be extradited to third countries, provided the general prohibition of discrimination, or the free movement of persons is not violated.

The German-Indian extradition agreement provides that anyone can be extradited, cf. Article 1 of the agreement.

Removal of a Red Notice from India – worldwide

If India requests a person’s apprehension and subsequent extradition, the Indian authorities can easily obtain an Interpol Red Notice for this person. Such a Red Notice can be challenged as a precautionary measure or only when it becomes known. Our experienced lawyers for extradition law will submit requests for information to the respective National Central Bureaus (NCBs) of Interpol on your behalf, prepare and file corresponding protective letters and work unerringly towards the cancellation of the Red Notice – so that you can once again move freely in the world without worrying about an immanent arrest and the associated consequences and risks.

Extradition Requirements

The act in question must constitute a punishable act in both states for extradition. It is irrelevant whether the act falls under the same concept and how it is punished in each case, cf. Article 2 I GG. However, in both states, the threatened maximum penalty must be at least one year of imprisonment. If extradition is to be exclusively for execution, at least six months of imprisonment must still be served.

If the requested state regards the respective extradition as political persecution, the extradition request must be rejected. Even if race-specific, religious or personal motives are suspected behind the extradition request, the person concerned will not be extradited. Even the severe suspicion that the person concerned is threatened with disadvantageous treatment due to such personal characteristics leads to the rejection of the extradition request, cf. Article 3 of the agreement.

Article 5 of the agreement allows the rejection of the extradition request at the discretion of the requested state. However, if the underlying offence appears too minor or the extradition appears unjust or inexpedient, the extradition may be refused.

According to Article 12 of the Convention, the extradition request must be made in writing and transmitted through diplomatic channels. In addition to the national arrest warrant and evidence of the identity of the person concerned, the relevant legal provisions of the requesting state must also be transmitted to the requested state.

In urgent cases, the person concerned may already be taken into provisional extradition custody in the requested state, Article 14 of the agreement.

Potential problems of extradition to India

Death Penalty:

India and Germany have agreed that extraditions may be refused if the person concerned faces the death penalty in the requesting state for the acts committed, cf. Article 11 of the agreement. The person concerned will be extradited if a credible assurance is given that the death penalty will at least not be carried out. Since the death penalty has been abolished in Germany under Article 102 of the German Basic Law, Article 11 of the agreement is relevant for extraditions from Germany to India.

One hundred forty-four people were sentenced to death in India in 2021. Although the death penalty is no longer executed, it could be actively carried out again at any time.

Human rights:

Torture and inhuman and degrading treatment preclude extradition from Germany under Article 3 ECHR.

According to Amnesty International, torture is systematically used in India. It is also believed that disappearances are committed there with impunity.

Furthermore, important civil rights, guaranteed as fundamental rights in Germany, are practically prohibited in India. Parents of more than two children cannot vote in local elections, nor can they exercise a profession in public service. Meetings are sometimes broken up by force. Critical statements in public, especially on social media, are banned and deleted, and those affected are arrested.

Country List for Extradition – Worldwide

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Practice Group: German Extradition & Interpol Law

Practice Group:
Extradition & Interpol Law

Jürgen Klunker

Lawyer | Managing Partner

Philipp Busse