What happens during an arrest?
An arrest on the basis of an international or European Arrest Warrant typically takes place at the airport, at a border check, at a traffic stop or in a targeted police operation. The police act on the basis of an alert in the Schengen Information System (SIS) or an Interpol wanted alert.
An arrest is a shock for those affected. That makes it all the more important to react calmly and to know your own rights. The following steps apply to every arrest in connection with extradition proceedings.
Step 1: Stay silent
First things first: you have the right to remain silent. Use it. Make no statement on the substance — neither to the police nor to the judge. Anything you say can be used against you in the later extradition proceedings.
Say only: “I am making no statement. I want to speak to my lawyer.”
The right to silence is comprehensive. You need neither comment on the accusation nor answer questions about the facts of the case. You are only required to provide your personal details (name, date of birth, address).
Step 2: Call a lawyer
From the moment of arrest you have the right to legal representation (Section 40 IRG in conjunction with Section 137 of the Code of Criminal Procedure, StPO). Insist on contacting a lawyer before you make any statement. The police must give you the opportunity to call a lawyer.
I am reachable around the clock — at night, on weekends and on public holidays as well. I can advise you immediately by phone and set the next steps in motion, even if the arrest takes place in another federal state.
If you do not know a lawyer or cannot reach one, the court will appoint a court-appointed defense lawyer when you are brought before the judge. In extradition matters, the appointment of a defense lawyer is regularly required.
Step 3: Hearing before the judge
After the arrest you are brought before the competent local court judge (Amtsrichter) without delay — at the latest on the following day (Section 22 IRG). The judge verifies your identity, instructs you about your rights and decides on the provisional extradition detention (Section 16 IRG).
At the hearing before the judge you are instructed about the following rights: the ground for the arrest and the underlying arrest warrant, the right to translation (if you do not have a sufficient command of the German language), the right to legal representation, the right to have relatives or persons of trust notified, and the right to consular assistance (if you are not a German national).
Step 4: Do not consent to simplified surrender
The judge will ask you whether you consent to simplified surrender (Section 41 IRG). In the case of a European Arrest Warrant, you will also be asked whether you waive the application of the rule of specialty (Section 82 IRG).
This consent is irrevocable. Its effect is that you are surrendered to the requesting state without formal admissibility proceedings. All defense options — bars to extradition, constitutional complaint — are thereby lost.
As a rule, I strongly advise against consenting to simplified surrender. Only the formal proceedings before the Higher Regional Court (Oberlandesgericht, OLG) give you the opportunity to assert all bars to extradition.
Your rights in extradition detention
During extradition detention you have essentially the same rights as a person held in pre-trial detention. Contact with your defense lawyer is not subject to monitoring. You are entitled to medical care and to regular contact with relatives. As a foreign national, you are entitled to consular assistance from your home state.
Extradition detention serves solely to secure the surrender. It is disproportionate if the purpose of detention can also be ensured by less restrictive means — such as reporting requirements, surrender of your passport, bail or electronic monitoring of your whereabouts.
Suspension of detention — out of custody
Suspension of detention must be examined in every extradition case. The Higher Regional Court can suspend extradition detention subject to conditions (Section 25 IRG by analogy) if the purpose of detention can also be secured by less restrictive means. In practice, this succeeds in particular where the person concerned has firm social ties in Germany, has no incentive to flee, and is prepared to comply with strict conditions.
I regularly apply for suspension of detention immediately after taking on the mandate. Swift release from custody not only brings human relief, it also improves the defense position considerably.
What relatives can do
If a relative has been arrested, acting quickly is decisive. Contact a lawyer specialized in extradition law without delay. Try to find out which detention facility the person concerned is being held in. Gather all available information about the underlying arrest warrant.
I can also be instructed by relatives. I make contact with the detained person immediately, coordinate the defense, apply for suspension of detention and represent the person concerned throughout the entire extradition proceedings.
Avoiding common mistakes
In the agitation following an arrest, mistakes are frequently made that can considerably complicate the extradition proceedings. Make no statement on the substance — not even informally to police officers or fellow detainees. Sign no documents without having discussed them with a lawyer. Do not consent to simplified surrender. Do not attempt to destroy evidence or to warn contacts — this can be assessed as a risk of flight or risk of collusion and make a suspension of detention impossible.
What happens after the arrest?
After the hearing before the judge and the ordering of provisional extradition detention, the actual extradition proceedings begin. The General Public Prosecutor's Office applies to the competent Higher Regional Court for the admissibility decision. In parallel, the possibility of a suspension of detention is examined. You can find a detailed overview of the course of proceedings on our page on extradition law.