An extradition request and the threat to personal and – depending on the situation – also to physical integrity is an enormous emotional burden for the persons concerned and their environment. An extradition request also represents, at the same time, a special legal challenge.
Schlun & Elseven is an internationally active law firm specialised, among other things, in representing clients in extradition proceedings. Our extradition lawyers have the necessary expertise and years of experience in dealing with Interpol and the extradition authorities to represent you with competence and commitment during this difficult time. We not only represent clients who are to be extradited from or to Germany, as we also enable the removal of Interpol Red Notices, regardless of the country that initiated it.
Extraditions to the Kingdom of Bahrain can be made from Germany according to the requirements of the IRG, the Law on International Mutual Legal Assistance in Criminal Matters.
Extradition of German Citizens to Bahrain
As a matter of principle, Germany does not extradite its own nationals to third countries such as Bahrain. Third countries are those that are not a Member State of the EU. This special protection is guaranteed in the constitution under Article 16 (2) GG. Exceptionally, German citizens may be extradited to other EU states or international courts, provided that the principles of the rule of law are upheld.
Extradition of non-German EU Citizens to Bahrain
The extradition of non-German EU citizens to third countries is possible, according to the ECJ. In 2016, the ECJ decided in the Petruhhin case that neither the general principle of discrimination under Article 18 TFEU nor the free movement of a person under Article 21 TFEU is violated. In 2018, the ECJ confirmed this assessment again in the Pisciotti case. However, before extraditing an EU citizen, the Member State to which the person concerned belongs must be informed. This Member State has a priority right to transfer its own national.
Extradition Requirements under the IRG
Any person who is not a German within the meaning of Article 116 (1) GG may be extradited under Section 2 (3) IRG. Extradition only takes place in the case of punishable offences both in the requesting state and in Germany, Section 3 (1) IRG.
If the extradition request is based on political motives, military breaches of duty or personal characteristics such as religious affiliation, it is inadmissible under Sections 6 and 7 of IRG. Extradition is denied in such cases.
Furthermore, it must be ensured that the person concerned is not punished or is not punished without the consent of the requesting state for offences other than those listed in the extradition request. Extradition under Section 11 IRG is inadmissible if the so-called speciality principle is violated.
The further extradition, transfer, or deportation of the person concerned to a third state also requires consent. In addition, the person concerned must be allowed to leave the country again after serving his sentence, Section 11 (3) IRG.
Potential Problems of Extradition to Bahrain
Death Penalty:
According to Article 8 IRG, extradition is inadmissible if the person concerned is punished by death. Extraditions can occur if the requesting state assures that it will at least not carry out the death penalty.
Bahrain imposes the death penalty for some offences. The last time the death penalty was carried out was in 2019.
Human Rights:
Inhuman and degrading treatment or punishment, as well as torture, preclude extradition under Article 3 ECHR. Both Amnesty International and Human Rights Watch report physical abuse in prisons. During the Covid pandemic, the right to health was also disregarded due to prison overcrowding. Although many prisoners were released, there were still many Covid cases. Opposition leaders, activists, journalists, and human rights defenders were excluded from releases, regardless of their health status.
Civil Rights and Women’s Rights:
Since 2017, media outlets in Bahrain are no longer allowed to report independently. Critical journalists and political opponents are wiretapped and often arrested. Critical posts on social media serve as the basis of arrest warrants. Foreign journalists are regularly denied entry.
The Foreign Office recommends that women should only travel in company. In the event of an assault, the woman must prove that the acts were not consensual. Sexual contact outside of marriage is a criminal offence, so reporting it to the police can also lead to the arrest of the victim of a sexual assault. Rape is not prosecuted if the perpetrator marries the victim. Homosexuality is not explicitly prohibited but is considered immoral.