Extradition detention — out again quickly
Last updated: June 2026
Extradition detention is not a punishment — it is only meant to ensure that the extradition proceedings can be carried out. Even so, those affected often spend weeks in custody before any decision on the extradition has even been made. I take action immediately: detention review, suspension of detention — and an attack on the extradition itself.
From arrest to the arrest warrant
Detention in extradition proceedings follows a fixed sequence — and at every stage there are points where the defense can take hold.
Often at the airport or during a border or police check on the basis of an international wanted alert (Interpol, SIS). This is followed by the hearing and instruction before the judge (Section 22 IRG).
A safeguard until the formal extradition request with all documents has been submitted. If these are not transmitted within the deadline, the provisional detention must be lifted (Section 16(2) IRG).
The Higher Regional Court orders (formal) extradition detention. It requires a ground for detention and may not be issued if the extradition appears inadmissible from the outset (Section 15(2) IRG).
When detention is admissible — and for how long
Extradition detention is admissible only where there is a risk of flight or a risk of collusion. Both must be substantiated concretely — blanket assumptions cannot support the arrest warrant. This is exactly where I take hold.
The detention must stand in a reasonable relationship to the proceedings. Unlike pre-trial detention, it is not subject to a rigid six-month limit — but the requirement of expedition applies without restriction.
If the detention lasts unduly long, it must be lifted. In proceedings on the European Arrest Warrant, EU-law time limits for the decision apply in addition — delays can be challenged.
Three ways out of detention
I apply for judicial review: do the grounds for detention really exist? Is the detention still proportionate? The aim is to have the extradition arrest warrant lifted (Section 24 IRG).
Less intrusive measures instead of detention: reporting requirements, a security deposit, surrender of identity documents. Where this safeguards the purpose of the detention, release on conditions is possible.
The strongest lever: if the extradition itself appears inadmissible (detention conditions, political persecution, etc.), the very basis for the detention falls away too. → Stopping an extradition
More in the glossary: Extradition detention · Provisional extradition detention · Detention review · Suspension of detention · Risk of flight · urgent: First aid after an arrest
Extradition detention — briefly explained
How long does extradition detention last?
Can I be released on conditions?
How can I have the detention reviewed?
What should I do after the arrest?
In extradition detention? Every minute counts
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