Germany–Kazakhstan reciprocity declaration of 30 January 1996

Content of the declaration

On 30 January 1996, the Federal Republic of Germany and the Republic of Kazakhstan concluded an intergovernmental reciprocity declaration on other forms of mutual legal assistance in criminal matters. It is documented in the Kazakhstan country section of the RiVASt (Part III) (as published by the BfJ). The declaration has the rank of a formal declaration of reciprocity (Section 5 IRG), but it is not a treaty under international law.

Substantive scope

The declaration applies solely to other forms of mutual legal assistance — such as the taking of evidence, service of documents, examination of witnesses, and transmission of case files. Extradition relations (RiVASt Part I) are not covered by the declaration. For extraditions between Germany and Kazakhstan, the absence of a treaty remains the position; the requirements of the IRG (Sections 2 ff., in particular Section 5 IRG) apply generally.

Practical significance in extradition proceedings

Even though the 1996 declaration does not directly govern extradition relations, it can be invoked in the defense as an argument for the reliability of diplomatic assurances: it evidences an intergovernmental practice of mutual legal assistance that has been established since 1996. Conversely, the Higher Regional Court (Oberlandesgericht, OLG) must not misconstrue the declaration as a “de facto treaty” — the review of reasonable suspicion and the other IRG standards of review remain fully applicable.

Risk of secondary extradition

In the Kazakhstan context, the risk of secondary extradition to Russia on the basis of the Minsk CIS Convention of 22 January 1993 is always significant. Extradition to Kazakhstan without an explicit safeguard (rule of specialty, Section 11 IRG) against onward surrender to Russia is, as a rule, incompatible with fundamental rights.

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