Extradition Detention (Sections 15–18 IRG)

Forms

Provisional arrest (Section 19 IRG): Short-term, in cases of imminent danger — typically at the airport. Provisional extradition detention (Section 16 IRG): Ordered by the Higher Regional Court (Oberlandesgericht, OLG) even before the formal request has been received, where the requesting state so requests or there is strong suspicion of the offense and a ground for detention exists. If the request is not received in time, the requested person must be released — at the latest after two months, or after three months in the case of non-European states (Section 16(2) IRG); within the scope of the European Convention on Extradition, a maximum period of 40 days applies (Article 16(4) ECE). These time limits cannot be extended. Extradition arrest warrant (Section 17 IRG): A written arrest warrant issued by the OLG, ordering both provisional extradition detention and extradition detention. After receipt of the formal request, the OLG decides on the continuation of detention (Section 16(3) IRG).

Grounds for detention (Section 15 IRG)

Risk of flight (no. 1) or risk of collusion (no. 2). Both require concrete indications — mere assumptions are not enough.

Suspension of detention (Section 25 IRG)

On application, the OLG may suspend the detention if less intrusive measures secure the proceedings: reporting requirements, surrender of the passport, bail, an electronic ankle tag. Filing the application early is strategically important.

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