An extradition request usually represents a tremendous emotional burden and a legal challenge for those affected, which they should not face under any circumstances without professional legal support.
As a multidisciplinary, globally active law firm, Schlun & Elseven is your reliable partner to protect you from extradition effectively. In doing so, we not only advise and represent clients who are to be extradited from or to Germany but also use all our expertise and many years of experience to obtain the cancellation of Interpol Red Notices – depending on the country from which they were initiated. If extradition proceedings are already pending against you or if you anticipate such action in the future, contact us immediately so that we can take appropriate countermeasures.
Belize and Germany have not concluded an extradition agreement with each other. In principle, extraditions between these two states can be processed without an agreement according to the general regulations. In Germany, the IRG, the Law on International Mutual Legal Assistance in Criminal Matters, regulates under which conditions extradition can take place.
Since the statistical recording of extraditions by the Federal Ministry of Justice in 2003, no extraditions have taken place between Belize and Germany.
Extradition of German Citizens to Belize
The German Basic Law (GG) protects German citizens from extradition. Article 16 II GG permits the extradition of German citizens to other EU states or international courts in exceptional cases, provided that the principles of the rule of law are upheld.
Extradition of non-German EU Citizens to Belize
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.
Extradition Requirements under the IRG
In principle, every foreigner can be extradited to the country where they are suspect of a criminal offence, cf. Section 2 III IRG. The offence they are accused of must be punishable in Germany and by a maximum of at least one-year imprisonment, Section 3 IRG.
A request must be rejected if the motives are political, personal or military, cf. Sections 6, 7 IRG. If the person concerned is subjected to aggravated treatment due to political or personal characteristics, an extradition request is also deemed inadmissible.
After transfer, the person concerned may only be punished for the offences mentioned in the request, following the principle of speciality in Section 11 IRG. For possible further extradition, transfer or deportation to a third state, the requesting state must obtain the consent of the requested state.
Extradition Obstacles
The possible imposition of the death penalty leads to the inadmissibility of extradition, cf. Section 8 IRG. However, the obstacle to extradition does not exist if the requesting state gives a binding assurance that it will at least not carry out the death penalty.
In Belize, the death penalty is a permissible remedy by law, but according to official reports, the last death penalty was carried out in 1985. Therefore, an obstacle to extradition under Section 8 IRG is very unlikely in practice between Germany and Belize.
Extradition may not take place from Germany even if the person concerned is threatened with torture or other inhuman treatment in the requesting state, cf. Art. 3 ECHR. Poor prison conditions can also constitute an obstacle to extradition within the meaning of Art. 3 ECHR. Belize’s judicial system has no reports of torture or similar inhumane conditions.
In February 2023, Belize caused a public stir in a positive sense by declaring the acceptance of a detainee released from Guantánamo.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
Contact our German Extradition & Interpol Lawyers
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
