Risk of flight in extradition proceedings

Legal basis

Under Section 15(1) no. 1 IRG, a risk of flight is a central ground for detention justifying the issue of an extradition arrest warrant. It exists where, on the basis of specific facts, there is a risk that the requested person will evade the extradition proceedings.

Indicators of a risk of flight

Typical indicators are: the absence of firm social ties in Germany, a residence abroad or frequent stays abroad, a lack of family or professional roots, the possession of a foreign passport without a settled place of residence, prior absconding or concealment of identity, as well as the prospect of a substantial sentence in the requesting state, which creates an incentive to flee.

Counter-indicators and suspension of detention

A risk of flight can be rebutted or reduced by a long-standing habitual residence in Germany, family and employment, a willingness to cooperate with the authorities, surrender of the passport, and a willingness to post bail or provide a security. Suspension of detention under Section 25 IRG is possible where conditions are sufficient to secure the extradition proceedings.

Distinction from risk of collusion

Alongside the risk of flight, the IRG recognizes the risk of collusion (Section 15(1) no. 2 IRG) as a separate ground for detention. In extradition proceedings the risk of collusion is less frequently relevant, because the focus is primarily on securing the surrender rather than on preserving evidence in Germany.

Proportionality

Extradition detention must be proportionate. Where proceedings are protracted or the risk of flight is weak, the Higher Regional Court (Oberlandesgericht, OLG) must regularly review whether less intrusive means — reporting requirements, residence orders, a security — are sufficient. The Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has repeatedly emphasized that extradition detention is not a preventive form of enforcement detention.

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