Every extradition procedure carries the dangers of unpredictable consequences for the persons concerned. Comprehensive and qualified legal support is essential for such an exceptional situation. In addition to legal advice to avoid such stressful extradition proceedings, it is necessary to ensure legal protection by filing the required legal remedies after an extradition arrest warrant has been issued. Often, this can prevent the violation of the freedom, life and physical integrity of the persons concerned.
In any case, it must be ensured that all legal possibilities against imminent extradition are used or at least considered. In particular, the possibility of sparing detention to temporarily avert an otherwise threatening deprivation of liberty (extradition custody) is essential in the legal defence in extradition proceedings.
If you require expert legal assistance in all matters concerning detention proceedings, Interpol Red Notices and extradition law, please do not hesitate to contact our law firm directly.
Examples of Spared Detention in Extradition Proceedings
A well-known example of spared detention in extradition proceedings is the Puigdemont case. Catalan separatist leader and former head of government Carles Puigdemont, who lived in exile in Belgium after being deposed, was arrested in Schleswig-Holstein on 25 March 2018 while returning from a trip. Spain’s Supreme Court had issued a European Arrest Warrant against him shortly before finding him guilty of “rebellion” under Article 472 of the Spanish Penal Code. He had been in custody in Schleswig-Holstein since the arrest.
The Schleswig-Holstein Higher Regional Court did not consider the German offence of high treason, comparable to “rebellion”, to be fulfilled due to the lack of a violent element. However, it considered the accusation of embezzlement to have been made. As a result, the Higher Regional Court issued an extradition warrant but suspended its execution and ordered that the prisoner be spared. This order was also linked to conditions according to which Puigdemont had to post bail of 75,000 euros. He was not allowed to leave Germany without the consent of the Attorney General, and he also had to inform the Attorney General of any change in his whereabouts.
Overview: The Extradition Procedure
Before a suspect can be extradited from Germany to another country, another state must request mutual legal assistance. In Germany, this Act on International Mutual Legal Assistance in Criminal Matters is regulated in the law of the same name (IRG). It intervenes insofar as no particular bilateral treaty (extradition treaty) exists between Germany and the requesting state.
According to the law, extradition from Germany depends on certain conditions being met. It also regulates the course of the proceedings.
- The receipt of a foreign extradition request in Germany initiates the extradition proceedings. The Schengen Information System (SIS) can open the international search by Interpol or targeted joint search requests of other states. The issuance of a European Arrest Warrant within the European Union is also sufficient.
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