Higher Regional Court (OLG) in Extradition Law

Jurisdiction

The Higher Regional Court (Oberlandesgericht, OLG) has first-instance and final jurisdiction over extradition matters under Section 13 IRG. An appeal on points of law to the BGH is not admissible; the only further instance is the BVerfG (constitutional complaint). Local jurisdiction lies, as a rule, with the Higher Regional Court in whose district the requested person was seized or is staying.

Course of proceedings

After the formal extradition request has been received, the competent senate reviews the admissibility of the extradition (Sections 29 ff. IRG). The proceedings are divided into: (1) provisional extradition detention on application by the public prosecutor's office, (2) the hearing of the requested person, (3) the admissibility decision by way of an order. The Higher Regional Court reviews only the legal admissibility; the political decision on the granting of extradition is taken by the Federal Office of Justice (granting procedure).

Standard of review

The Higher Regional Court reviews, among other things, dual criminality, bars to extradition under Sections 6–16 IRG, and fundamental rights under Article 3 ECHR and the EU Charter. In EAW proceedings the stricter requirements of Framework Decision 2002/584/JHA apply. Where there are systemic deficiencies in the issuing state, the Higher Regional Court is obliged to carry out a more searching review (ECJ, Aranyosi/Căldăraru).

Legal remedies

No appeal lies against the admissibility order. The requested person may, however, lodge a constitutional complaint with the BVerfG and — where a violation of the ECHR is imminent — apply to the ECtHR for an interim measure (Rule 39). Within the Higher Regional Court proceedings, an application to set aside the extradition arrest warrant (Section 24 IRG) is possible.

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