Extradition between Germany
and Kosovo

Extradition between Germany and Kosovo
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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.

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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.

Removal of a Red Notice from Kosovo– worldwide

If the Kosovo requests a person’s apprehension and subsequent extradition, the authorities of the Kosovo can easily 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

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.

Clear objections to international 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.

Country List for Extradition – Worldwide

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Practice Group: German Extradition & Interpol Law