Extradition from Germany
to Qatar

Extradition from Germany to Qatar
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An extradition request always means a tremendous emotional burden and a legal challenge for those affected, which they should not face without professional legal support.

Schlun & Elseven are your reliable, globally active partner to protect you from extradition. We not only advise and represent clients who are to be extradited from or to Germany but also defend you against Interpol Red Notices between all countries of the world. If an extradition proceeding is already pending against you or if you anticipate such a measure in the future, contact us immediately so that we can take appropriate actions.

Germany and Qatar have not concluded an extradition agreement with each other. Therefore, extraditions between the two states take place based on the respective general laws. In Germany, the extradition requirements are regulated in the IRG, the Law on International Mutual Legal Assistance in Criminal Matters.

In 2020, decisions were made on three extradition requests from Qatar throughout Germany. One was rejected, and the other two were settled out of court.

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Extradition of German Citizens to Qatar

The constitution protects German citizens against extradition to third countries like Qatar. Third countries are those that do not belong to the European Union. Article 16 (2) GG permits the extradition of German citizens 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 Qatar

EU citizens may, in principle, be extradited to third countries if the member state to which they belong has been informed in advance and does not wish to have the person concerned extradited itself. The ECJ ruled in 2016 and 2018 in the Petruhhin and Pisciotti cases that the distinction between own nationals and EU citizens in extradition matters does not violate the general prohibition of discrimination under Article 18 TFEU or the free movement of persons under Article 21 TFEU.

Removal of a Red Notice from Qatar – worldwide

If Qatar requests a person’s apprehension and subsequent extradition, the Qatari authorities can obtain an Interpol Red Notice for this person. Such a red notice can be challenged as a precautionary measure or only when it becomes known. Our experienced lawyers for extradition law will submit requests for information to the respective National Central Bureaus (NCBs) of Interpol on your behalf, prepare and file corresponding protective letters and work unerringly towards the cancellation of the Red Notice – so that you can once again move freely in the world without worrying about an immanent arrest and the associated consequences and risks.

Extradition Requirements under the IRG

According to Sections 2 and 3 of the IRG, every foreigner who has committed a criminal offence abroad can, in principle, be extradited. The crime must be punishable in both states. In Germany, it must be punishable by a maximum term of imprisonment of at least one year.

The extradition request must be rejected if it is based on political motives, personal characteristics or military breaches of duty, Sections 6 and 7 IRG. Even if there is reason to believe that the situation of the person concerned would be aggravated if extradited for the reasons mentioned, a request must be rejected.

The person concerned may only be prosecuted in the requesting state without German consent for offences mentioned in the extradition request. Furthermore, they may not be extradited, transferred, or deported to a third state without permission, Section 11 IRG.

Potential problems of extradition to Qatar

Especially since the decision in 2010 to hold the 2022 World Cup in Qatar, the country has increasingly come under negative public scrutiny. The most frequent topic of discussion is the poor working conditions. According to media reports, several thousand workers have died while working on the football stadiums.

Death Penalty:

If the person concerned is threatened with death for his actions in the requesting state, extradition can only occur if an assurance is given that the death penalty will at least not be carried out, Section 8 IRG.

Qatar imposes the death penalty for some crimes. This is carried out by an execution squad. According to official reports, the last execution was carried out in 2020.

Human rights:

Torture and inhuman and degrading treatment preclude extradition from Germany under Article 3 ECHR.

There are no reports of torture or other ill-treatment in the prisons. According to Freedom House, Qatari prison conditions meet international standards. However, various acts are punished in Qatar by flogging, which is considered inhuman treatment.

Civil and women’s rights:

Qatar is an Islamic country that punishes public criticism of religion and religious renunciation. Freedom of religion is, therefore, non-existent. As a result, freedom of expression is also massively restricted. Negative statements about the Emir are just as punishable as those about Islam.

In 2022, two Qatari lawyers were sentenced to life imprisonment for publicly criticising laws ratified by the Emir and calling for rallies on social media.

Homosexuality and extramarital sexual contact are prohibited and can be punished by death under Sharia law. Reporting rape can lead to the victim’s arrest due to extramarital sexual intercourse. The Foreign Office points out that the pregnancy of an unmarried woman can also lead to arrest.

Women are severely disadvantaged, especially in family law. Amnesty International reports that many women are not allowed to leave the house without the permission of their male guardian.

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