Extradition between Germany
and Azerbaijan

Extradition between Germany and Azerbaijan
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A request for extradition and its inherent threat to personal freedom and – depending on the situation – also to physical integrity represents an enormous emotional burden for those affected. It also presents particular legal challenges.

Schlun & Elseven Rechtsanwälte PartG is an internationally active law firm specialising, among other things, in representing clients in extradition proceedings. Our extradition lawyers have the necessary expertise and experience in dealing with Interpol and the extradition authorities to represent you in this challenging time with competence and commitment. We deal with clients who are to be extradited from or to Germany. We also take care of the deletion of Interpol Red Notices, regardless of which country initiated them.

Azerbaijan joined the Council of Europe in 2001 and is thus part of the European Extradition Convention. In 2020, three extradition requests from Azerbaijan were decided, and only one was rejected. Germany requested extradition from Azerbaijan in two cases, but only one request was granted.

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Extradition of German citizens to Azerbaijan

German citizens are protected against extradition to third countries such as Azerbaijan by Art. 16 (2) GG. Third states are states that do not belong to the European Union. Furthermore, according to Art. 6 I a of the agreement, each party can refuse to extradite its own nationals.

Extradition of non-German EU Citizens to Azerbaijan

Non-German EU citizens may be extradited from Germany to third countries. The ECJ ruled in the Petruhhin and Pisciotti cases that neither the general prohibition of discrimination under Article 18 TFEU nor the free movement of persons under Article 21 TFEU was violated. However, the Member State to which the person concerned belongs has a priority right to transfer its national and must be informed for this purpose prior to extradition.

Removal of a Red Notice from Azerbaijan – Worldwide

If Azerbaijan requests a person’s apprehension and subsequent extradition, the Azerbaijani authorities can 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) on your behalf, prepare and file corresponding protective letters and work unerringly towards the deletion of the Red Notice – so that you can once again move freely in the world without worrying about an imminent arrest and the associated consequences and risks.

Extradition Requirements under the European Convention on Extradition

According to the European Convention on Extradition (Art. 2), extradition may, in principle, be granted for any offence which is punishable in both the requesting and the requested country and which is punishable – at the maximum – but not at the minimum – by at least one year’s imprisonment.

In particular, extraditions may not occur if the offence in question is classified as a political offence. Furthermore, according to Art 3 of the Convention, extradition shall not happen if the request is made for racial, religious, national or political reasons.

Excluded are acts that constitute an attack on the respective head of state or his family members.

According to the principle of “non bis in idem”, extradition is not granted if the person concerned has already been convicted or acquitted of the offence in question in the requested state, Art. 9 of the Convention.

In urgent cases, the person concerned can already be taken into provisional extradition custody in the requested state, Art. 16(1) of the Convention.

Potential Problems of Extradition to Azerbaijan

Death Penalty:

According to Art. 11 of the Convention, extradition can be refused if the person concerned would be punished by death in the requesting state. However, if sufficient assurances are given that the death penalty will not be carried out, the extradition is to be imposed.

Azerbaijan abolished the death penalty in 1998 and signed Protocol No.6 to the ECHR on the abolition of the death penalty in 2001.

Human Rights:

Inhuman and degrading treatment or punishment, as well as torture, preclude extradition under Article 3 ECHR.

In particular, numerous human rights were disregarded in connection with the Armenian conflict in 2021. Detainees were tortured, held without trial and, according to Human Right Watch, subjected to “degrading conditions of detention”. Amnesty International also reports war crimes such as beheadings and desecration of corpses in the context of the Armenian conflict.

Civil Rights:

The Foreign Office describes freedom of the press, expression and assembly as severely restricted. Due to the danger of arbitrary arrests, the Foreign Office warns against staying in crowds.

Women and men are equal under the law. Homosexuality is not prohibited by law. However, any sexual activity in public is socially disapproved of in Azerbaijan.

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