Extradition from Germany to Bolivia

In principle, Germany does not extradite its citizens. 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, non-German 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 Germany, the IRG, the Law on International Mutual Assistance in Criminal Matters, regulates the conditions under which extradition can take place. Any foreigner may be extradited to the country where they are suspected of having committed a criminal offence, cf. Section 2 III IRG, if this offence is also punishable in Germany and is punishable by a maximum of at least one year’s imprisonment, Section 3 IRG.

A request must be rejected if it is based on political, personal or military motives, cf. Sections 6, 7 IRG. 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.

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 execute the death penalty. Both Germany and Bolivia have abolished the death penalty. Therefore, the obstacle to extradition according to Section 8 IRG does not apply between these two states.

Extradition from Germany should not take place if the person concerned is threatened with torture or other inhuman treatment in the requesting state, cf. Art. 3 ECHR. There are no official reports of torture in Bolivia. Poor prison conditions can also constitute an obstacle to extradition within the meaning of Art. 3 ECHR. The Federal Department of Foreign Affairs (FDFA-Switzerland) reports precarious prison conditions in Bolivia. Cells are overcrowded, and health care and general hygiene conditions are inadequate.

According to Art. 6 ECHR, every person has a right to a fair trial. Therefore, violations of the rule of law can stand in the way of extradition. In principle, Germany and Bolivia are oriented towards the rule of law. Nevertheless, Amnesty International reported arbitrary proceedings against government critics in 2021. In particular, members of indigenous communities and defenders of the like were subjected to harassment by the police and the judicial system. Constitutionally, any discriminatory unequal treatment is prohibited.

Clear and typical obstacles to extradition regarding Bolivia are currently not apparent, which is why a detailed case-by-case examination is mandatory for an extradition request from Bolivia.