Human-rights limits on extradition

Basic principle

Extradition is not permissible without limits. Both international law and European and German constitutional law set human-rights limits on extradition traffic. These limits apply absolutely and cannot be undercut by treaties under international law or by mutual consent.

Article 3 ECHR — prohibition of torture and ill-treatment

The most important absolute bar to extradition is the prohibition of extradition to states where the requested person faces torture or inhuman or degrading treatment (Article 3 ECHR, Article 4 of the EU Charter). This prohibition applies without exception and cannot be restricted by public-security interests or diplomatic considerations.

Article 6 ECHR — fair trial

Where the requested person faces a manifestly unfair trial in the requesting state — for example through a lack of judicial independence, the denial of a defense lawyer, or proceedings tied to a judgment in absentia without a guarantee of a retrial — Article 6 ECHR can establish a bar to extradition. In the case of Othman v. United Kingdom (2012), the ECtHR clarified that a flagrant denial of justice prohibits extradition.

Article 2 ECHR — right to life, death penalty

Extradition to states where the requested person faces the death penalty is in principle impermissible under German constitutional law (Article 102 of the Basic Law) and ECHR law. It can be granted only in exceptional cases, where there is an explicit assurance that the death penalty will not be carried out.

Article 16(2) Basic Law — protection of Germans from extradition

Under Article 16(2) of the Basic Law, German nationals may in principle not be extradited. Exceptions apply for EU member states and international criminal courts, provided that rule-of-law principles are observed.

Proportionality

Beyond absolute prohibitions, the principle of proportionality requires that an extradition not interfere disproportionately with the requested person's fundamental rights — in particular the right to family life (Article 8 ECHR) and human dignity (Article 1 of the Basic Law).

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