Extraditions between Germany and the Sultanate of Oman

Extraditions between Germany and the Sultanate of Oman

A threatened extradition to a third country can mean more than the deprivation of liberty itself. In some cases, the persons concerned must also fear for their physical integrity, even for their very lives.

Schlun & Elseven 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 competence and commitment during this difficult time. They assist clients who are to be extradited from or to Germany and take on the defence in all Interpol proceedings to obtain the cancellation of Interpol Red Notices. Between Oman and Germany, extradition can be carried out without a contract based on the extradition laws. In Germany, the requirements for extradition are laid down in the IRG, the Law on International Mutual Legal Assistance in Criminal Matters.

Extraditions from Germany to Oman are very unlikely and have not occurred for years. Requests for extradition to Oman have also not been made for years.

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Extradition of German Citizens to Oman

German citizens are protected against extradition by the German Basic Law, cf. Art. 16 II GG. Exceptionally, German citizens may be extradited to EU member states or international courts. The Sultanate of Oman is not a member of the EU, so Germany does not extradite its nationals there as a matter of principle.

Extradition of non-German EU Citizens to Oman

Non-German EU citizens could be extradited to Oman from Germany. The ECJ ruled that by differentiating between its own and other EU citizens, neither the general prohibition of discrimination under Article 18 TFEU nor the free movement of persons within the EU under Article 21 TFEU is violated. The Member State to which the person concerned belongs has a priority right to transfer and must therefore be informed before extraditions.

Removal of a Red Notice from Oman – worldwide

If Oman requests a person’s apprehension and subsequent extradition, the authorities of Oman can easily 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 the IRG, every non-German person can, in principle, be extradited to the country where they have committed a punishable act, cf. Section 2 III IRG.

For extradition to be lawful, the act committed must also be punishable in Germany and by a maximum of at least one year’s imprisonment, according to Section 3 IRG.

A request is rejected as inadmissible if the motives are political, personal or military, cf. Sections 6 and 7 IRG. If the person concerned is subjected to aggravated treatment due to political or personal characteristics, an extradition request is also to be rejected as inadmissible.

After transfer, the person concerned may only be punished for the offences mentioned in the request by 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.

Potential problems of extradition to Oman

Death Penalty:

If the person concerned is threatened with the death penalty in the requesting state, extradition may not take place under Section 8 IRG.

In Oman, the death penalty is applied as a legal remedy. However, there have been no official reports of executions in recent years.

Human and civil rights:

According to Art. 3 ECHR, no one may be subjected to torture or other inhuman or degrading treatment. Accordingly, if the person concerned is threatened with such ill-treatment, they may not be extradited.

As the law in Oman is aligned with Sharia law, there are also legal remedies for some acts that are considered torture or ill-treatment. Overall, human rights are interpreted in the light of Sharia law and are therefore not always respected.

With regard to extraditions, it must be noted that conditions in Oman continue to improve. Oman is a rather modern state, especially compared to other states characterised by Sharia law. For example, women’s suffrage was fully introduced in 2003. Homosexuality is still prosecuted under criminal law, but to a comparatively mild extent, with a maximum three-year prison sentence.

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Practice Group: German Extradition & Interpol Law

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