Extradition between Germany
and Iran

Extradition between Germany and Iran
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An extradition request and the immanent threat to personal freedom and – depending on the situation – also to physical integrity represent an enormous emotional burden to those affected and their environment, but at the same time, also a special legal challenge.

Schlun & Elseven 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 in this challenging time with competence and commitment. We not only represent clients who are to be extradited from or to Germany. We also handle the removal of Interpol Red Notices, regardless of which country initiated them.

Extraditions between Germany and Iran are not common. In 2020, there were four extradition requests from Iran to Germany, which were all rejected.

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Removal of a Red Notice from Iran – worldwide

If Iran requests a person’s apprehension and subsequent extradition, the Iranian 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) 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 under the IRG

Even though extraditions to Iran are unusual and are not currently being carried out, this does not mean that extradition will not take place in the future. Whether an extradition request is granted is determined based on the IRG, the Law on International Mutual Assistance in Criminal Matters.

In principle, any foreigner who has committed a criminal offence abroad can be extradited, Sections 2 and 3 IRG. German nationals are not extradited to third countries, such as Iran, by Article 16 (2) GG.

The act committed must also be punishable in Germany and by a maximum of at least 1-year imprisonment, Section 3 IRG.

If a pollical or personal motive can be inferred from an extradition request, it must be rejected, Section 6 IRG. Breaches of military duty also do not justify extradition, Section 7 IRG.

Clear objections to international extraditions to Iran

According to reports by Amnesty International, 312 people were executed in Iran in 2021. According to Article 8 IRG, extraditions may not be carried out if the person concerned faces the death penalty.

Also, according to Article 3 ECHR, extradition is not granted in cases of torture or other inhuman and degrading treatment. The Iranian penal code provides for punishments such as flogging, blinding, amputation, crucifixion, and stoning. These punishments are all considered inhuman treatment.

The German Foreign Office speaks of arbitrary arrests and lengthy prison sentences, even for tourists. Due to vague wording of the law, posts, and comments such as “likes” on social media or even diary entries and critical statements are sufficient for arrest on the grounds of endangering national security or violating Muslim moral standards. Freedom of Expression is therefore not given.

Country List for Extradition – Worldwide

  • Worldwide advice and representation in extradition and Interpol proceedings with and without reference to Germany

  • Encrypted communication and secure file transfer

  • Worldwide network of experts in international extradition law

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Practice Group: German Extradition & Interpol Law

Practice Group:
Extradition & Interpol Law

Contact
Jürgen Klunker