Extradition Detention in Germany

By Dr. Julius Hagen, Attorney-at-Law

Extradition Detention in Germany: Grounds for Detention, Review, and Suspension

Extradition detention is not the same as ordinary pre-trial detention in German criminal proceedings. At this stage, German courts do not determine guilt. The key issues are whether detention in the extradition proceedings is lawful, whether a valid ground for detention exists, whether the measure is proportionate, and whether less intrusive measures are sufficient.

Extradition detention does not mean that extradition has already been approved. Even at the detention stage, the court must examine the grounds for detention, proportionality, and possible legal obstacles to extradition.

When May Extradition Detention Be Ordered?

An extradition detention warrant under Section 17 IRG generally presupposes that an extradition request has already been received. In that situation, extradition detention under Section 15 IRG may be ordered. Before that, provisional extradition detention under Section 16 IRG may be possible. Both require a written warrant issued by the Higher Regional Court.

What Happens After an Extradition Detention Warrant?

After arrest, the person is usually brought before a judge very quickly. At this early stage, issues such as detention grounds, proportionality, language rights, health concerns, and possible objections to detention or extradition must be raised without delay. In cases of provisional extradition detention, the statutory time limits are especially important.

Detention Review in Extradition Cases

Extradition detention is not ordered once and left untouched. If the requested person has spent a total of two months in provisional extradition detention or extradition detention, the Higher Regional Court must decide on the continuation of detention. The review is then repeated every two months. Shorter detention periods are added together.

Suspension of the Execution of Extradition Detention

Under Section 25 IRG, the execution of an extradition detention warrant may be suspended if less intrusive measures are sufficient to secure the purpose of detention. The provision is an explicit expression of the constitutional principle of proportionality. The commentary excerpts you provided strongly support the view that suspension is effectively required where milder measures are enough.

Proportionality and Defense Strategy

The principle of proportionality fully applies in extradition detention matters. Detention may not be maintained more strictly or for longer than necessary. The possibility of suspending execution shows that detention does not always have to be fully enforced if milder measures are available. The commentary excerpts also emphasize that legal assistance and translation or interpretation must be ensured in detention situations.