Extradition from Germany to Kuwait

The German constitution protects its nationals from extradition to third countries such as Kuwait. Third countries are those that do not belong to the EU. Article 16 (2) GG permits extraditions to other EU states or international courts if the principles of the rule of law are upheld.

The extradition of non-German EU citizens to third countries is possible. The decisive cases were Petruhhin and Pisciotti, in which the ECJ ruled that neither the general prohibition of discrimination under Article 18 TFEU nor the free movement of persons under Article 21 TFEU is violated. However, the Member State to which the person concerned belongs has a priority right to transfer its national and must be informed prior to extradition.

Any foreigner who has committed an offence that is punishable both in the requesting state and in Germany can, in principle, be extradited, Section 2 and 3 IRG.

Political motives, personal characteristics, and military breaches of duty on which an extradition request is based lead to the rejection of the extradition request, Section 6 and 7 IRG.

According to Section 11 IRG, extradition is refused if the person concerned is to be punished for offences other than those listed in the request without the consent of Germany. This consent is also required for further extradition, transfer, and deportation to a third state.

If the offence in question is punishable by death in the requesting state, extradition is only permissible under Section 8 IRG if assurances are given that the death penalty will not be carried out. This also means that extradition can occur even though the death penalty is imposed. In Kuwait, the death penalty is imposed for some crimes. It was officially last carried out in 2017.

Torture and inhuman and degrading treatment preclude extradition from Germany under Article 3 ECHR. Human Right Watch reports that Kuwait, unlike its neighbours, allows human rights defenders access and engages in official dialogue with them.

According to the Foreign Office, freedom of expression and the press are constitutionally guaranteed in Kuwait and are also exercised with a few restrictions. Only criticism of the person of the Emir, the ruling family, and the denigration of religion are prohibited.

Since 2021, pre-trial detention may no longer be ordered in cases that could involve restrictions on freedom of expression. Nevertheless, activists are prosecuted for statements that are classified as offensive. Activities on social networks serve as the basis for arrest warrants.

Women are at a distinct disadvantage, especially in family law. They need the consent of their male guarding for many decisions and are supposed to obey their husbands. Rape, abduction, and abuse remain unpunished if the male guardian of the female victim consents to a marriage between victim and perpetrator.

Extramarital sexual relations between men are also punishable by imprisonment. There is a law that criminalises the impersonation of the opposite sex. Thus, transgender people in Kuwait have to expect criminal consequences.