Extradition from Germany to Argentina

The German constitution generally protects German citizens from extradition. Article 16 II of the German Basic Law (GG) permits the extradition of German citizens to other EU states or international courts as an exception, provided that the principles of the rule of law are upheld.

According to the ECJ, EU citizens may be extradited to third countries even if the requested state does not extradite its citizens. This distinction violates neither the general prohibition of discrimination nor the free movement of persons.

In principle, every foreigner can be extradited to the country where they have committed a punishable act, cf. Section 2 III IRG.

For extradition to be lawful, the act committed must also be punishable in Germany and by a maximum of one-year imprisonment, Section 3 IRG.

A request must be rejected as inadmissible if the motives are political, personal or military, cf. Sections 6, 7 IRG. If the person concerned is subjected to aggravated treatment for political or personal reasons, an extradition request must also be rejected as inadmissible.

After transfer, the person concerned may only be punished for the offences mentioned in the request by the principle of speciality in Section 11 IRG. For a possible further extradition, transfer or deportation to a third state, the requesting state must obtain the consent of the requested state.

Under Section 8 IRG, the imposition of the death penalty constitutes an obstacle to extradition. However, the requesting state can give an assurance that it will not impose the death penalty, so that extradition may take place. Neither in Argentina nor Germany is the death penalty used as a legal means, so Section 8 IRG does not apply.

Furthermore, 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. According to Amnesty International, torture cannot be completely ruled out in Argentina. Members of indigenous communities, in particular, report mistreatment and arbitrary arrests.

However, the crimes of the Argentine military dictatorship have been dealt with for some time. The Argentine government explicitly opposes torture and other ill-treatment. 2022 Some military personnel were sentenced to life imprisonment for their actions during the dictatorship.

Poor prison conditions can also constitute an obstacle to extradition within the meaning of Art. 3 ECHR. Reports of riots in Argentinian prisons due to poor prison conditions have decreased significantly over the last 20 years. Nevertheless, the German Foreign Office describes Argentina’s prison conditions as considerably worse than those in German prisons. The main problems are overcrowded cells and a lack of hygienic care.

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.

Germany and Argentina are fundamentally oriented towards the rule of law and granting the right to a fair trial. The vice president of Argentina was sentenced to several years in prison for corruption in December 2022. Precisely because of the strong position of the president and vice-president and the accompanying restriction of the separation of powers, it must be carefully examined whether a fair trial can be expected for the person concerned in the event of extradition to Argentina.