Extraditions between Germany and Thailand

German citizenship precludes extradition under Article 16 II of the German Basic Law. The German constitution provides exceptions for extraditions to EU member states and international courts. Thailand is not an EU member state, therefor Germany will not extradite its nationals there.

In contrast to German citizens, non-German EU citizens can, in principle, be extradited. According to the ECJ, the general prohibition of discrimination or the free movement of persons under Art. 18 TFEU and Art. 21 TFEU do not prevent such different treatment.

The IRG permits extradition for any non-German who has committed a criminal offence abroad, see Section 2 III IRG. The offence is extraditable if it is also punishable under German law and by a maximum of one-year imprisonment, according to Section 3 IRG.

According to Section 6 IRG, the person concerned may not be extradited if the criminal proceedings against them are politically or personally motivated. The personal motivation, which is also to be excluded here, would be given in the case of persecution on the grounds of religion, ethnicity or nationality. If the person concerned is to be transferred, extradited or deported to a third state, the requested state must give its prior consent, Section 11 IRG.

The imposition of the death penalty is an obstacle to extradition under Section 8 IRG. However, the requesting state can give an assurance that it will not impose the death penalty so that extradition is likely to take place. Thailand actively imposes death sentences. According to official reports, the last execution was carried out in 2018. However, Amnesty International believes that executions have also been carried out unofficially in subsequent years.

In 2021, the German Government published a statement on the use of the death penalty in Thailand. The German Government was concerned that the previous moratorium had ended with the 2018 execution. The reduction in offences punishable by death declared by Thailand had also not yet been implemented at the time of the statement. Sixty-five offences were punishable by death under Thai law in 2021. However, it should be noted that the number of death sentences imposed and carried out is decreasing. In 2021, the Thai King issued numerous pardons.

No one may be subjected to torture or other inhuman or degrading treatment, cf. Art. 3 ECHR. Extradition must be refused if such treatment is to be expected in the requesting country. Furthermore, according to Art. 6 ECHR, every person has the right to a fair trial. Thus, violations of the rule of law can also stand in the way of extradition.

In some parts of the country, emergency law applies. Mainly, but not exclusively, there are violent clashes between demonstrators and security forces. The Federal Foreign Office considers freedom of expression to be restricted overall. It also warns that statements critical of the government, especially on social media, can be prosecuted.

There are reports of kicking, beating and other degrading torture in prisons. Thai torture methods have also been described as “creative” in the media. The detainees are also to be prohibited from contact with their families. The cells are massively overcrowded, and hygiene standards are very low. In November 2022, a ranking of the world’s toughest prisons was published. The Thai prison Bang Kwang was ranked as the 5th toughest prison in the world. Prisoners die there in inexplicable ways. Due to these difficult prison conditions, extradition from Germany to Thailand is not very likely.