Extradition between Germany and Vietnam

German citizenship is an obstacle to extradition under Article 16 II of the German Basic Law. Exceptionally, German citizens may be extradited to EU member states or international courts if the principles of the rule of law are upheld. Vietnam is not an EU member state, so Germany will not extradite its citizens there.

Non-German EU citizens can, in principle, be extradited. The ECJ confirms that this would violate neither the general prohibition of discrimination nor the free movement of persons.

According to Section 2 III IRG, extraditions are always possible if foreigners have committed a punishable act abroad. This act is considered extraditable if it is also punishable in Germany and by a maximum of at least 1-year imprisonment, cf. Section 3 IRG.

Extradition requests will be rejected under Section 6 IRG if the criminal proceedings conducted in the requesting country are politically or personally motivated. Political offences are considered extraditable if a homicide has been committed. Personal characteristics include the ethnicity, religion, nationality and political views of the person concerned.

In the case of possible transfers, further transfers and deportations, the requested state must first give its consent, cf. Section 11 IRG.

If the person concerned is threatened with the death penalty in the requesting country, extradition is to be refused under Section 8 IRG. If assurance is given that the death penalty will at least not be carried out, extradition is again permissible.

Vietnam imposes the death penalty for some serious offences, especially for homicide and drug offences, as well as for sexual abuse of children. However, it is estimated that several hundred people are sentenced to death each year. Vietnam keeps exact figures secret.

Since 2011, executions are no longer carried out by firing squad but by lethal injection.

No one may be subjected to torture or other inhuman or degrading treatment, cf. Art. 3 ECHR. Extradition must be refused if such treatment is to be expected in the requesting country. Furthermore, according to Art. 6 ECHR, every person has the right to a fair trial. Thus, violations of the rule of law can also stand in the way of extradition.

In Vietnam, torture and physical and psychological abuse are said to be part of everyday prison life. Furthermore, it is common practice to place prisoners in prisons far away from their place of residence to bring about greater isolation of the prisoners.

In particular, prisoners in jail for drug offences are abused as unpaid labour and are often detained without trial. Human Rights Watch reports long periods of isolation for resisting prisoners. To make further escape attempts impossible, the legs of those affected are said to have been injured – according to the available reports.

In addition to the conditions of detention, the German Foreign Office also criticises the judicial procedures in Vietnam. Accused persons remain in pre-trial detention for years and receive inadequate legal representation.

Extraditions from Germany to Vietnam seem unlikely under these conditions, which is also reflected in the extradition statistics of the Federal Ministry of Justice.