Threatened extradition to a third country can mean more than the deprivation of liberty itself. In some cases, the concerned persons must also fear for their physical integrity, even their lives.
Schlun & Elseven Rechtsanwälte is an internationally active law firm specialising, 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 equal competence and commitment during this difficult time. We not only deal with clients who are to be extradited from or to Germany. We also take care of the cancellation of Interpol Red Notices, regardless of which country initiated them.
Between Germany and Russia, extraditions can be executed on a non-contractual basis according to the requirements of the respective general laws. In Germany, non-contractual extraditions are governed by the IRG, the Law on International Mutual Assistance in Criminal Matters.
Extradition of German Citizens to Russia
The German constitution protects German citizens against extradition to so-called third states, Article 16 (2) GG. Third countries are countries that do not belong to the European Union. Extraditing German citizens to other EU countries and certain international courts is permitted in cases where “the rule of law is observed”. This allowance for extradition to EU countries is a recent development, but it does not extend to other countries (“third countries”), including Russia. The German state will take over the prosecution in cases where extradition orders are placed on German citizens.
Extradition of non-German EU Citizens to Russia
Extraditions of EU citizens are possible and, according to the ECJ, do not violate the general prohibition of discrimination, Article 18 TFEU, or the free movement of persons within the EU, Article 21 TFEU. However, the Member State to which the person concerned belongs has a priority right to transfer and must therefore be informed before extradition.
This protection also extends to citizens of countries within the European Free Trade Association (EFTA) and countries within the Agreement on the European Economic Area (EEA) such as Iceland.