Extradition between Germany and Lebanon

In principle, German citizens are not extradited from Germany to third countries such as Lebanon. This protection is guaranteed to its citizens in the constitution. Exceptionally, Germans may be deported to other EU states or international courts, provided that the principles of the rule of law are upheld, Art. 16 (2) GG.

EU citizens can be extradited from Germany to Lebanon. Crucially, the ECJ´s 2016 ruling in the Petruhhin case held that the general prohibition of discrimination, Art. 18 TFEU, in conjunction with the free movement of persons within the EU, Art. 21 TFEU, is not violated by extraditing an EU citizen from an EU member state. The 2018 judgment in the Pisciotti case solidifies this interpretation of Articles 18 and 21 TFEU. The Member State to which the person concerned belongs must be informed before extradition to a third country takes place. It has a priority right to the transfer of its citizen.

In principle, any foreigner within the meaning of Section 2 (3) of the IRG in conjunction with Article 116 (1) GG may be extradited if they have committed a criminal act abroad.

The act in question must constitute a criminal offence under German law and must be punishable in Germany by a maximum term of imprisonment of 1 year, Section 2 IRG.

Extradition is inadmissible if it is to be carried out based on political motives, military breaches of duty or personal characteristics such as religion or nationality, Sections 6 and 7 IRG. A well-founded suspicion that the person concerned will be subjected to disadvantageous treatment in the requesting state based on personal characteristics also lead to the inadmissibility of extradition, Section 6 (2) IRG.

In addition, extradition under Section 11 IRG is only granted if the person concerned is not to be punished for other acts committed before the transfer. The requested country may, however, consent to the punishment of other acts.

Further extradition, transfer, or deportation to a third country can also occur with the requested country’s consent. In addition, Germany only extradites if the concerned person can leave the requesting country again after serving their sentence, Section 11 (3) IRG.

Although the death penalty is still imposed in Lebanon for some offences, it has not been carried out for several years.

Under Section 8 IRG, extradition can be granted to the requesting country if it assures that it will not impose the death penalty. The fact that the crime in question is punishable by death does not prevent extradition.

According to Article 3 ECHR, extradition may not occur if the person concerned must expect torture or inhuman or degrading treatment.

Deficiencies have come to light, particularly concerning human rights, in connection with the 2020 explosion in the port of Beirut. According to investigations and reports by Human Right Watch and Amnesty International, state officials were involved in the explosion, and Lebanese authorities obstructed the investigation.

The extreme economic crisis also means that human rights are at risk. Access to education, healthcare and food has been severely hampered since the crisis began. In March 2020, riots took place in Lebanese prisons. Prisoners called for greater hygiene to reduce the number of corona infections. As a result, about 600 people were released from pretrial detention in April to provide more space between inmates. Due to the extreme fuel shortage, there are also represented prolonged power cuts, which also affect public facilities such as hospitals and prisons.

Torture has been banned in Lebanon since 2017. However, according to Amnesty International, torture still occurs and is either not officially reported or is not prosecuted when reported. Instead, actor Zias Itani was himself reported for defamation due to his report.

As a parliamentary democracy, Lebanon generally permits demonstrations and, thus, freedom of expression. However, government critics, journalists and activists are repeatedly interrogated and detained. They are usually accused of defamation and insulting the president.