Prima facie review in Mexico extradition proceedings

Rule and exception

Under German extradition law, the rule is that the Higher Regional Court (Oberlandesgericht, OLG) seized of the matter does not independently review the reasonable suspicion underlying the extradition request (Section 10 IRG). The requesting state is not obliged to disclose the evidence or to allow a judicial review of reasonable suspicion. Exceptions do exist, however, where the underlying treaty contains a different rule.

The Mexico constellation

In traffic with Mexico, such an exception applies: under the RiVASt country section for Mexico, area I.1 (as published by the Federal Office of Justice, BfJ), extradition takes place on the basis of the Agreement of 04 October / 18 December 1956 (BGBl. 1957 II p. 500). The RiVASt entry contains the succinct sentence: “The suspicion of guilt is reviewed.” Unlike under the US extradition treaty or the European Convention on Extradition, this means that a treaty-anchored review of reasonable suspicion on the merits takes place.

Scope of review

The prima facie review requires the requesting state to transmit the essential evidence — statements, physical evidence, documents. The Higher Regional Court then examines whether this evidence supports a sufficient reasonable suspicion within the meaning of German criminal procedure (comparable to Section 203 of the Code of Criminal Procedure, StPO). If the materials are insufficient, the extradition is inadmissible (Section 10 IRG in conjunction with the 1956 Agreement).

Defense strategy

For the defense in Mexico proceedings, the prima facie review is a key point of entry: weaknesses in the evidentiary basis — for example, where it rests solely on witness statements from the cartel milieu, without objective corroboration — can be presented in a substantiated manner. Combined with the apostille certification that is regularly required, this produces a broader basis for review compared with many other treaty-less or treaty-based proceedings.

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