Section 33 IRG — Subsequent Decision

Substance of the provision

Section 33 IRG contains an important means of correction: even after a final and binding admissibility decision by the Higher Regional Court (Oberlandesgericht, OLG), the court may decide again on application if new facts or evidence come to light that establish a bar to extradition or make it likely. The provision breaks through the formal finality of the admissibility decision in the interest of protecting fundamental rights.

Requirements

The requirement is that the new facts (1) arose or became known after the admissibility decision and (2) are capable of calling into question the admissibility of the extradition. Typical cases: a subsequent deterioration of detention conditions in the target state, a newly arising illness of the requested person, a political change of system in the requesting state, or a new judgment of the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) or the European Court of Human Rights (ECtHR).

Practical significance

Section 33 IRG is an important instrument in interim relief. Where the human-rights situation in the target state is deteriorating or new personal circumstances of the requested person arise (e.g. a life-threatening illness), an application under Section 33 can be combined with an application under Section 24 IRG (revocation of the extradition arrest warrant). It does not in itself produce suspensive effect — in parallel, an urgent application to the Federal Constitutional Court is generally required.

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