Risk of Collusion in Extradition Detention Proceedings

Definition

Risk of collusion exists where there are specific indications that, if at liberty, the requested person would destroy evidence, influence witnesses, or otherwise impede the establishment of the facts. In extradition law it is recognized as a ground for detention under Section 16 IRG in conjunction with Section 112(2) no. 3 StPO, but in practice it clearly takes second place to the risk of flight.

Distinction from the risk of flight

Whereas the risk of flight is aimed at securing the person of the requested individual, the risk of collusion is intended to protect the integrity of the investigation. In extradition proceedings — which are primarily directed at surrender, not at investigation — the risk of collusion arises less often as an independent ground for detention than in ordinary criminal proceedings. It can become relevant where German investigations are running at the same time.

Standard of review

The Higher Regional Court (Oberlandesgericht, OLG) requires specific facts — abstract possibilities of destroying evidence are not sufficient. The factors considered include: prior conduct, contacts with co-accused, the nature of the alleged offense, and the state of the evidence. Proportionality requires that no less intrusive measure (conditions, reporting requirements) would suffice.

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