Provisional Extradition Detention

Function and legal basis

Provisional extradition detention under Sections 19–21 IRG serves to secure the requested person before a formal extradition request is on file. It requires that a foreign arrest warrant or a corresponding alert (SIS, Interpol Red Notice) be present and that there is a risk of flight from extradition. It is ordered by decision of the Higher Regional Court (Oberlandesgericht, OLG) on application by the public prosecutor's office at the OLG.

Time limits

Provisional extradition detention is limited in time: under Section 21(1) IRG, the requested person must be released if no formal extradition request is received within 6 weeks (in EAW cases shorter time limits apply under Section 83c IRG). The OLG may extend the time limit where the requesting state asks for an extension and special circumstances exist.

Legal remedies

Against the arrest warrant for provisional extradition detention, an application for detention review under Section 24 IRG is available. If the OLG concludes that the extradition is inadmissible or that the requested person is not suspected of flight, it must lift the detention. As a last resort, here too a constitutional complaint with an application for an interim injunction before the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) remains available.

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