Extradition arrest warrant (Section 17 IRG)

Definition

The extradition arrest warrant is the order by the Higher Regional Court (Oberlandesgericht, OLG) imposing extradition detention once a formal extradition request has arrived. It replaces provisional extradition detention (Section 16 IRG).

Requirements

A formal request is on file; there are no obvious bars to extradition; grounds for detention exist (risk of flight or risk of collusion); and the detention is proportionate (Article 2(2) of the Basic Law, Article 5 ECHR).

Proportionality

The Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) requires a strict proportionality review. As the period of detention grows longer, the requirements for justifying it increase. A detention review may be requested at any time (Section 26 IRG).

Legal remedies

Decisions of the Higher Regional Court cannot be appealed under Section 13 IRG. The remaining options are: suspension of detention (Section 25 IRG), detention review (Section 26 IRG), and a constitutional complaint to the Federal Constitutional Court combined with an interim injunction.

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