What is extradition law?
Extradition law is a sub-field of international criminal law and of international mutual legal assistance in criminal matters (MLA). It governs the conditions and the procedure under which a person is transferred from one state to another in order to be criminally prosecuted there or to have a sentence already imposed enforced.
In Germany, extradition law is primarily set out in the Act on International Mutual Legal Assistance in Criminal Matters (IRG). In addition, numerous treaties under international law apply, in particular the European Convention on Extradition (EuAlÜbk), the EU Framework Decision on the European Arrest Warrant (RbEuHb), and bilateral extradition treaties with individual states.
Legal basis of extradition law
German extradition law rests on a multi-tier system of norms. At the top stand the Basic Law (Grundgesetz, GG) — in particular Article 16(2) of the Basic Law (bar on extradition with a statutory reservation for German citizens) — and the European Convention on Human Rights (ECHR). Below these rank:
- IRG (Sections 2–42) — The domestic extradition law setting out the conditions, the procedure and the bars.
- EU Framework Decision 2002/584/JHA — The basis of the European Arrest Warrant, transposed into Sections 78 ff. IRG.
- European Convention on Extradition (EuAlÜbk) — A multilateral treaty of the Council of Europe with additional protocols.
- Bilateral extradition treaties — With numerous third states, including the USA, Turkey and Switzerland.
- Trade and Cooperation Agreement (TCA) — The successor arrangement for the United Kingdom after Brexit.
The course of extradition proceedings
Extradition proceedings under the IRG are divided into three main phases:
1. Arrest and provisional extradition detention
The arrest is often made on the basis of a wanted alert in the Schengen Information System (SIS II), an Interpol alert (Red Notice or diffusion) or through diplomatic channels. Under Section 19 IRG, any police authority may provisionally arrest a requested person. Under Section 16 IRG, the competent Higher Regional Court orders provisional extradition detention where, on the basis of specific facts, there is a strong suspicion that the conditions for an extradition are met and there is a risk of flight.
The requested person must be brought before the competent judge without delay, at the latest on the day after the arrest (Section 22 IRG), and instructed about their rights — in particular the right to legal counsel and to consular notification.
2. Admissibility review by the Higher Regional Court
In the admissibility proceedings, the Higher Regional Court reviews, on application by the General Public Prosecutor's Office, whether the statutory conditions of extradition are met and no bars to extradition exist (Section 29 IRG). The decision of the Higher Regional Court is unappealable (Section 13 IRG) — no ordinary appeal exists. All objections and applications for the taking of evidence must therefore be raised in good time and in full in the proceedings before the Higher Regional Court.
3. Granting decision and legal protection
If the Higher Regional Court declares the extradition admissible, the competent granting authority — in most cases the Federal Office of Justice (Section 74 IRG) in agreement with the Federal Foreign Office — decides on the actual granting. The granting decision is a discretionary decision in which foreign- and domestic-policy considerations may play a role.
Against an admissible and granted extradition, the last means of defense remains a constitutional complaint to the Federal Constitutional Court, regularly combined with an urgent application for an interim injunction under Section 32 BVerfGG. I have successfully represented numerous constitutional complaints in extradition matters before the Federal Constitutional Court.
Bars to extradition
Not every request leads to extradition. Statute, the Basic Law and the Convention on Human Rights recognize grounds that prohibit a surrender. The most important ones, which I examine in every case:
- Risk of the death penalty (Section 8 IRG) — An extradition is admissible only if the other state assures that the death penalty will not be imposed or carried out.
- Torture or inhuman detention (Article 3 ECHR, Section 73 IRG) — Where torture, inhuman treatment or untenable detention conditions threaten, extradition is not permitted.
- Political persecution (Section 6 IRG) — No extradition where a person is in truth persecuted on political grounds.
- No criminal liability in Germany (Section 3 IRG) — The offense must also be punishable here, otherwise there is no extradition.
- Already adjudicated (Section 9 IRG, "ne bis in idem") — Anyone who has already been finally convicted or acquitted of the same offense is not surrendered again.
In addition, Article 16(2) of the Basic Law protects German citizens against extradition to states outside the EU. Whether such a ground applies depends on the individual case — which is why I examine early and precisely which bar can be used for you.
Special types of proceedings
European Arrest Warrant
Within the EU, the European Arrest Warrant (EAW) has applied since 2004, replacing the classic extradition procedure with a simplified surrender procedure. For 32 list offenses, the review of dual criminality is dispensed with. The deadlines are considerably shortened — 60 or 90 days. Nevertheless, fundamental-rights bars remain, in particular in the case of systemic rule-of-law deficiencies in individual EU member states.
Interpol and Red Notice
Interpol notices (Red Notices and diffusions) are not arrest warrants, but in practice they can lead to arrest and extradition detention. The deletion of abusive Red Notices at the Commission for the Control of INTERPOL's Files (CCF) is a separate procedure that often has to be pursued in parallel with the extradition proceedings.
SIS Alert
The Schengen Information System (SIS II) enables the search for persons in more than 30 European states. An SIS alert under Article 26 of the SIS II Regulation can lead to arrest at any border check. The deletion of SIS entries is carried out through the BKA (SIRENE Bureau) or by administrative action.
Why specialized defense is decisive
Extradition law is one of the most complex areas of law within criminal law. It combines German constitutional law, European law, international law and international criminal law. The deadlines are short, the proceedings often opaque and the decisions of the Higher Regional Court unappealable. Anyone who does not bring in a specialized defense lawyer after an arrest on an international arrest warrant risks extradition — with potentially serious consequences for personal liberty and legal status.
Rechtsanwalt Andreas Meyer has more than two decades of experience in defending against extradition requests. He represents clients nationwide before all Higher Regional Courts, before the Federal Constitutional Court and in proceedings before the Commission for the Control of INTERPOL's Files (CCF). His law firm in Kiel is reachable around the clock — including on weekends and public holidays.