Overview
North Macedonia has been an EU accession candidate since 2005; accession negotiations were formally opened in July 2022 after the name dispute with Greece was resolved (Prespa Agreement 2018). North Macedonia is a member of the Council of Europe and, since 2020, of NATO. Extradition relations between Germany and North Macedonia are governed by the European Convention on Extradition of 13 December 1957 (ECE), including 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 North Macedonia; domestically, Sections 1 ff. IRG apply.
North Macedonia is numerically the largest group of asylum applicants among the Western Balkan states; in practice, extraditions are particularly relevant in the context of organized crime, narcotics offenses and, occasionally, the enforcement of sentences arising from judgments in absentia.
On the North Macedonian side, the Zakon za krivičnata postapka (Code of Criminal Procedure, Official Gazette RM 150/2010 as subsequently amended) and the Zakon za megjunarodna sorabotka vo krivičnata materija (Act on International Cooperation in Criminal Matters, Official Gazette RM 124/2010) apply.
Legal basis
Extradition to North Macedonia 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). As the legal successor of the Socialist Republic of Macedonia (former Yugoslavia), North Macedonia acceded to the ECE on 10 Apr 1997 (the First and Second Additional Protocols likewise).
Domestically, Sections 1 ff. IRG apply insofar as the ECE does not lay down any overriding provision. Minimum requirements under Article 2(1) ECE: a penalty of at least one year, or a remaining sentence of at least four months.
On the German side, the Higher Regional Courts are competent (Section 29 IRG); the granting decision is made by the General Public Prosecutor's Office. On the North Macedonian side, the Ministerstvo za pravda (Ministry of Justice) is the central authority; the issuing authority is the competent Javno obvinitelstvo (public prosecutor's office), with confirmation by the Osnoven sud (court of first instance) or the Apelacionen sud (court of appeal).
For German citizens, extradition is excluded under Article 16(2) of the Basic Law. North Macedonia refuses the extradition of its own nationals as a matter of principle (Art. 4 of the Constitution of the Republic of North Macedonia; reservation to Article 6 ECE). Enforcement of the sentence by proxy under Sections 48 ff. IRG must be examined.
Country-specific issues in North Macedonia
Name change and treaty continuity: With the entry into force of the Prespa Agreement on 12 Feb 2019, the "former Yugoslav Republic of Macedonia" became the Republic of North Macedonia. The continuity of treaties in extradition matters remained unaffected; existing requests retained their validity.
Detention conditions — KPD Idrizovo: The main correctional prison Idrizovo near Skopje is the largest facility in North Macedonia and has repeatedly been the subject of critical CPT reports (most recently CPT/Inf (2023) 15 — overcrowding, hygiene deficiencies, allegations of ill-treatment). Alongside it there are smaller facilities in Shtip, Prilep and Tetovo. Case-specific assurances regarding detention conditions are mandatory.
Judgments in absentia: review under Article 3 of the Second Additional Protocol to the ECE; a viable assurance of a retrial under Art. 449 ff. of the Code of Criminal Procedure (ZKP RNM) is required. North Macedonian criminal procedure permits a retrial in principle, but the assurance must be reviewed on a case-by-case basis.
Corruption and rule-of-law deficiencies: EU Commission reports (most recently 2025) document persisting deficiencies in combating corruption and in judicial independence. In an individual case these may become relevant via Section 73 sentence 1 IRG and Article 6 ECHR.
Inter-ethnic constellations: The Albanian–Macedonian internal conflict (Ohrid Framework Agreement 2001) may, in individual cases, become relevant via Article 3(2) ECE / Section 6(2) IRG.
Fiscal offenses: extradition under Article 5 ECE in conjunction with Article 2 of the Second Additional Protocol to the ECE is possible in principle.
Detention conditions and the human-rights review
North Macedonia's central correctional prison is KPD Idrizovo near Skopje — the country's largest facility. CPT reports (most recently CPT/Inf (2023) 15, previously CPT/Inf (2019) 38) document overcrowding at Idrizovo (in part well above 100 % occupancy), hygiene deficiencies and outdated infrastructure. Recurring allegations concern ill-treatment by prison staff and inter-prisoner violence.
Alongside it there are smaller facilities in Shtip (men's prison for longer sentences), Prilep, Kumanovo and Tetovo, as well as a women's wing. The Skopje-Shutka remand facility is regarded as particularly problematic.
The North Macedonian government has launched renovation programs in cooperation with the EU (IPA funds); progress remains uneven. In North Macedonia extradition cases, the defense should systematically demand a facility-specific assurance, with reference to concrete CPT findings. General declarations are regularly insufficient (by analogy to OLG Karlsruhe Ausl 301 AR 124/20 on Serbia).
Lines of defense
The defense in North Macedonia extradition cases follows the ECE review patterns, with a focus on detention conditions:
- Article 3 ECHR / Section 73 sentence 1 IRG (detention conditions): in enforcement requests involving accommodation in KPD Idrizovo, demand a facility-specific assurance; submit the 2023/2019 CPT reports.
- Article 16(2) of the Basic Law: excluded where the person is a German national; dual nationals are treated as equivalent.
- Article 3 of the Second Additional Protocol to the ECE (judgments in absentia): demand a robust assurance of a retrial under Art. 449 ff. ZKP RNM.
- Article 3(2) ECE / Section 6(2) IRG: relevant in Albanian–Macedonian minority constellations.
- Article 8 ECHR (family life): where there is a long-standing residence in Germany and family ties — in particular given the large North Macedonian community in Germany.
- Rule of specialty (Article 14 ECE): limitation of prosecution to the offenses granted.
- Statute of limitations (Article 10 ECE): review under the law of both states.
- Ne bis in idem: where there are parallel German or Kosovar investigations.
- Constitutional complaint with an urgent application (Section 32 BVerfGG): promising in North Macedonia cases where detention conditions (Idrizovo) are challenged.
Legal representation in North Macedonian 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.