Threatened extradition to a third country can mean more than the deprivation of liberty itself. In some cases, the concerned persons must also fear for their physical integrity, even their lives.
Schlun & Elseven Rechtsanwälte is an internationally active law firm specialising, among other things, in representing clients in extradition proceedings. Our extradition lawyers have the necessary expertise and years of experience in dealing with Interpol and the extradition authorities to represent you with equal competence and commitment during this difficult time. We not only deal with clients who are to be extradited from or to Germany. We also take care of the cancellation of Interpol Red Notices, regardless of which country initiated them.
Between Germany and Egypt, extraditions can be executed on a non-contractual basis according to the requirements of the respective general laws. In Germany, non-contractual extraditions are governed by the IRG, the Law on International Mutual Assistance in Criminal Matters.
Since 2003, Germany has decided on twelve extradition requests from Egypt. Four were rejected, eight were terminated in other ways, and none has been granted.
Extradition of German Citizens to Egypt
The German constitution protects German citizens against extradition to so-called third states, Article 16 (2) GG. Third countries are countries that do not belong to the European Union.
Extradition of non-German EU Citizens to Egypt
Extraditions of EU citizens are possible and, according to the ECJ, do not violate the general prohibition of discrimination, Article 18 TFEU, or the free movement of persons within the EU, Article 21 TFEU. However, the Member State to which the person concerned belongs has a priority right to transfer and must therefore be informed before extradition.
Extradition Requirements under the IRG
Any foreigner who has committed a punishable crime abroad can, in principle, be extradited, Section 2 (3) IRG.
The offence in question must constitute a criminal offence in both the requesting and the requested state. In Germany, the crime would have to be punishable by a maximum of at least 1-year imprisonment, Section 2 IRG.
Political or personal motives and military breaches of duty do not constitute admissible grounds for extradition, Section 6 and 7 IRG. A well-founded suspicion that the person concerned will be treated adversely in the requesting state due to personal characteristics also leads to the inadmissibility of extradition, Section 6 (2) IRG.
According to the principle of speciality in Section 11 IRG, the person concerned will not be extradited if they are also to be punished for other offences they have committed before transfer.
Further extradition, transfer, or deportation to a third state always requires the consent of the requested state, Section 11 IRG.
Potential Problems of Extradition to Egypt
Death Penalty
According to Section 8 IRG, extraditions do not take place if the person concerned is to be sentenced to death in the requesting state. However, if the requesting state assures that the death penalty will at least not be carried out, extradition can be approved. The fact that the offence in question is punishable by death does not prevent extradition.
The death penalty is still imposed and actively carried out in Egypt. According to reports by Amnesty International, 83 people were executed in 2021 alone. There are also reports of mass executions following procedures that do not meet the basic rule of law standards.
Human and Civil Rights
If the person concerned is threatened with torture or inhuman or degrading treatment in the requesting state, extradition is inadmissible, Article 3 ECHR.
In its annual report 2021, Human Rights Watch speaks of a “human right crisis” in Egypt. According to the Federal Foreign Office, the human rights situation is worrying.
Torture and ill-treatment on the part of state officials were not investigated or even punished. There have been repeated sexual assaults in prisons. Beating, electric shocks and indefinite solitary confinement are not exceptional. Prison conditions are generally deplorable by international standards.
There is no question of the rule of law in Egypt either. Years of pre-trial detention and sentences against which no appeal can be lodged are the order of the day.
The German Foreign Office has declared freedom of the press, assembly, and expression to be increasingly restricted since 2004. Since 2021, emergency legislation has been included in regular legislation, empowering the Egyptian state to impose far-reaching restrictions on civil rights.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
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