By Dr. Julius Hagen, Attorney at Law
Why Obstacles to Extradition are central
Extradition proceedings often determine, within a very short time, whether a person remains at liberty, is detained, or is surrendered to another state. However, extradition is not permitted merely because a foreign arrest warrant or request exists. German courts must examine whether legal barriers prevent surrender.
These obstacles to extradition may arise from the German Act on International Cooperation in Criminal Matters (IRG), the German Constitution, the European Convention on Human Rights, and general rule-of-law principles. In practice, the decisive issues often include a lack of dual criminality, political persecution, violations of the principle of specialty, convictions in absentia, inhuman detention conditions, or serious health risks.
Key Legal Obstacles to Extradition Under German Law
The following categories are among the most important legal obstacles in extradition proceedings. Which of them applies in a particular case depends on the allegations, the requesting state, and the available documents:
Whether extradition is lawful always depends on a careful assessment of the individual case. Even isolated legal or factual issues may become decisive - such as insufficient allegations, procedural violations, inadequate assurances by the requesting state, or concrete human rights risks.
Dr. Julius Hagen
Julius represents clients in criminal matters, white-collar investigations, extradition proceedings, INTERPOL matters and commercial disputes. He consults in English and German.
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