Overview
Albania is an EU candidate country (negotiations ongoing since July 2022, Cluster 1 opened in October 2024) and a member of the Council of Europe. Extradition between Germany and Albania is governed by the European Convention on Extradition of 13 December 1957 in conjunction with the First Additional Protocol of 15 October 1975 and the Second Additional Protocol of 17 March 1978. There is no bilateral supplementary extradition treaty between Germany and Albania; domestically, Sections 1 ff. IRG apply.
Cases that are relevant in practice concern in particular narcotics, human-trafficking and organized-crime offenses, as well as the enforcement of sentences arising from Albanian judgments in absentia — the latter being a recurring central issue in the case law of the German Higher Regional Courts.
On the Albanian side, the Kodi i Procedurës Penale (Code of Criminal Procedure, Law No. 7905/1995 as subsequently amended) applies, as does the Ligji për marrëdhëniet juridiksionale me autoritetet e huaja në çështjet penale (Law on relations with foreign authorities in criminal matters, No. 10 193/2009). The leading decision OLG Koblenz — (1) Ausl. III-1/06 is the point of reference for the issue of judgments in absentia.
Legal basis
Extradition to Albania is governed primarily by the European Convention on Extradition of 13 Dec 1957 (BGBl. 1964 II p. 1369; 1976 II p. 1778), the First Additional Protocol of 15 Oct 1975 (BGBl. 1990 II p. 118) and the Second Additional Protocol of 17 Mar 1978 (BGBl. 1990 II p. 124). Albania ratified the Convention with effect from 17 May 1998, the First Additional Protocol with effect from 17 May 1998 and the Second Additional Protocol likewise with effect from 17 May 1998.
Domestically, Sections 1 ff. IRG apply insofar as the European Convention on Extradition does not lay down an overriding rule (Section 1(3) IRG). For extradition for the purpose of prosecution, the minimum requirements under Article 2(1) of the Convention apply; for the enforcement of a sentence, a remaining term of at least four months is required.
On the German side, the Higher Regional Courts are competent in the admissibility proceedings (Section 29 IRG); the granting decision is made by the General Public Prosecutor's Office. On the Albanian side, the Ministria e Drejtësisë (Ministry of Justice) is the central authority; arrest warrants are issued by the competent Prokuror (public prosecutor) and confirmed by the Gjykata e Rrethit Gjyqësor (first-instance district court).
For German citizens, extradition is precluded under Article 16(2) of the Basic Law. For Albanian citizens, Article 6(1) of the European Convention on Extradition applies; under its constitution (Article 39), Albania as a rule refuses to extradite its own nationals. Substitute enforcement of a sentence under Sections 48 ff. IRG must be considered.
Country-specific issues in Albania
Judgments in absentia — the leading problem: By decision of 2006 (case no. (1) Ausl. III-1/06), the Higher Regional Court of Koblenz declared the extradition for the enforcement of a sentence based on an Albanian judgment in absentia to be inadmissible. Albania's mere declaration that it would respect Article 3(1) of the Second Additional Protocol to the European Convention on Extradition was not recognized as a sufficient assurance within the meaning of Article 3(1) sentence 2 of the Second Additional Protocol, against the background of the Albanian Code of Criminal Procedure. The Higher Regional Court of Cologne confirmed this line: where there is no reliable assurance of a retrial, extradition for the enforcement of a judgment in absentia is inadmissible.
Facility-specific assurances: The Higher Regional Court of Hamm permitted extradition for enforcement in the Fier prison after Albania had provided concrete information on the conditions of accommodation. The case law therefore requires facility-specific rather than general assurances.
Detention conditions: CPT reports on Albania (most recently 2022, CPT/Inf (2022) 28) document overcrowding in several facilities, deficiencies in medical care and allegations of ill-treatment in individual institutions. Particularly critical: Rrogozhinë, Peqin, Lezhë. More positively developed: Fier, Tirana 313 ("Jordan Misja").
Fiscal offenses: extradition is possible under Article 5 of the European Convention on Extradition in conjunction with Article 2 of the Second Additional Protocol.
Asylum and political persecution: despite its EU candidate status, a review under Article 3(2) of the European Convention on Extradition in conjunction with Section 6(2) IRG remains warranted in individual cases (blood-feud structures, politically motivated prosecution in exceptional cases).
Detention conditions and the human-rights review
Detention conditions in Albanian prisons present a mixed picture. In its reports (most recently 2022 — CPT/Inf (2022) 28 — and 2017), the CPT documented overcrowding in several facilities, structural deficiencies in medical care, and individual allegations of ill-treatment. In the past, Rrogozhinë, Peqin, Lezhë and Durrës were assessed as particularly critical.
German case law follows a differentiated approach: general declarations of guarantee by Albania regularly do not suffice (OLG Koblenz — (1) Ausl. III-1/06). Facility-specific assurances tailored to the individual case, by contrast, can support extradition (OLG Hamm on the Fier prison). In every Albania extradition case, the defense should therefore systematically identify the facility specifically envisaged and demand reliable commitments.
Modernized facilities (including Fier and Tirana 313 "Jordan Misja") are regarded as average by European standards; some older prisons remain problematic. Relevant sources: CPT reports, reports of the Albanian Ombudsman (Avokati i Popullit), and the European Commission's Country Report.
Lines of defense
The defense in Albania extradition proceedings focuses on three core areas: judgments in absentia, detention conditions, and fact-finding:
- Article 3 of the Second Additional Protocol to the European Convention on Extradition (judgments in absentia): in the case of extradition for the enforcement of an Albanian judgment in absentia, a reliable assurance of a retrial must always be demanded; general declarations are insufficient under OLG Koblenz (1) Ausl. III-1/06.
- Article 3 ECHR / Section 73 sentence 1 IRG (detention conditions): demand a case-specific assurance regarding the facility specifically envisaged; submit CPT and Ombudsman reports.
- Article 16(2) of the Basic Law: precluded where the person holds German citizenship; equal treatment for dual nationals.
- Article 3(2) of the European Convention on Extradition / Section 6(2) IRG (political persecution): relevant in individual cases involving blood-feud constellations or instrumentalization of minority politics.
- Article 8 ECHR (family life): relevant in the case of long-term residence in Germany and family ties.
- Rule of specialty (Article 14 of the European Convention on Extradition): limitation of prosecution to the offenses granted.
- Statute of limitations (Article 10 of the European Convention on Extradition): review under the law of both states.
- Ne bis in idem: where there are parallel German investigations.
- Constitutional complaint with an urgent application (Section 32 BVerfGG): promising in Albania cases involving the judgment-in-absentia and detention-conditions issues.
Legal representation in Albanian extradition proceedings
An extradition case is a specialized mutual-legal-assistance procedure that goes beyond classic criminal defense. Engaging a defense lawyer specialized in extradition law at an early stage is regularly decisive — not only after the formal extradition arrest warrant has been issued, but already from the moment of an arrest based on an Interpol notice, an SIS alert or a European Arrest Warrant.
As a Certified Specialist in Criminal Law with a focus on extradition law, I advise and represent affected persons nationwide before the competent Higher Regional Courts and in constitutional complaint proceedings before the Federal Constitutional Court.