A request for extradition always means a great emotional burden and a legal challenge for the persons concerned, which they should not face without experienced legal support.
Schlun & Elseven is your reliable, globally active partner in protecting you from extradition. We not only advise and represent clients who are to be extradited from or to Germany. We also defend clients against Interpol Red Notices between all countries. 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.
Since there is no extradition agreement between Germany and Kosovo, extraditions are carried out according to the respective general laws. In Germany, the extradition requirements are regulated in the IRG, the Law on International Mutual Legal Assistance in Criminal Matters. In 2020, decisions were made on twelve extradition requests from Kosovo to Germany. Two of these requests were rejected, two were granted, and one was terminated out of court.
Extradition of German Citizens to Kosovo
According to Article 16 (2) GG, Germans are not extradited to third countries but only to other EU states or international courts. Accordingly, the extradition of German citizens to Kosovo does not take place.
Extradition of non-German EU Citizens to Kosovo
The extradition of EU citizens to third countries, such as Kosovo, is possible in principle and, according to the ECJ, does not violate the general prohibition of discrimination or the free movement of persons in the EU, Article 18 and 21 TFEU. In the Petruhhin and Pisciotti cases, the ECJ ruled that the Member State to which the person concerned belongs has the primary right to transfer and must therefore be informed.
Extradition Requirements under the IRG
Sections 2 and 3 IRG provide for extraditions for any foreigner who has committed an offence abroad that is punishable both there and in Germany. Under German law, the maximum penalty must be at least one year of imprisonment.
Extradition requests based on political or personal considerations are to be rejected under Section 6 IRG. Military breaches of duty also do not justify extradition, Section 7 IRG. Furthermore, the request is to be rejected if it is assumed that the situation of the person concerned would be aggravated due to their race, religion, nationality, membership of a particular social group or political views.
The speciality principle of Section 11 IRG stipulates that extradition is inadmissible if the person concerned is to be prosecuted without German consent not only for the offences listed in the request. Furthermore, the further extradition, transfer or deportation of the person concerned to a third state also requires consent.
Objections to Extraditions
As the figures of the German Federal Ministry of Justice show, extraditions to Kosovo are granted in most cases. Clear objections such as the danger of the death penalty or torture according to Article 8 IRG and Article 3 ECHR do not apply to Kosovo. There is no death penalty in Kosovo, which was abolished by Yugoslavia in 2001. The prison conditions in Kosovo meet European standards. Denmark even announced in 2021 that it would rent prison cells in Kosovo to relieve the pressure on its own prisons. This makes careful consideration of the individual case even more important. Whether an extradition is lawful is decided in detail.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
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