Germany–Mexico Extradition Agreement of 1956

Legal basis

Between Germany and Mexico, the Agreement on the Mutual Granting of Legal Assistance in Criminal Matters of October 4/December 18, 1956, published in BGBl. 1957 II p. 500, applies. It takes the form of an exchange of notes — binding under international law, but textually more concise than a full extradition treaty (Auslieferungsvertrag, AuslV). Under the country-specific section of the RiVASt, Mexico I.1 (as published by the BfJ), the agreement is expressly applicable to extradition matters as well.

Prima facie review

The most important substantive difference from many other bilateral extradition agreements: “The suspicion of guilt is reviewed” (RiVASt I.1, verbatim). Unlike, for example, the German–US extradition treaty, the Germany–Mexico relationship provides for a contractually secured prima facie review (review of reasonable suspicion) by the Higher Regional Court (Oberlandesgericht, OLG) before which the matter is brought. This gives the defense expanded room for argument in the extradition proceedings.

Formal requirements

Extradition documents from Mexico require an apostille under the Hague Convention of October 5, 1961 (Apostille Convention). Mexico has been a contracting state since August 14, 1995; legalization is not carried out. A missing or defective apostille renders documents inadmissible before the German Higher Regional Court.

Subsidiary application of the IRG

Insofar as the 1956 agreement — given its brevity — contains no provision, the general rules of the IRG apply. In particular, the provisions on bars to extradition (Sections 6 ff. IRG), on the rule of specialty (Section 11 IRG), and on suspension of detention and provisional extradition detention (Sections 16, 25 IRG) apply on a supplementary basis.

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