Suspension of Detention in Extradition Proceedings

Legal basis

Suspension of detention in extradition proceedings is governed by Section 25 IRG. The Higher Regional Court (Oberlandesgericht, OLG) may suspend enforcement of the extradition arrest warrant where less intrusive measures are sufficient to ensure that the requested person does not evade the extradition proceedings and remains available for surrender.

Requirements

Suspension of detention presupposes that the risk of flight can be managed by means of conditions. Relevant factors are: a fixed place of residence in Germany, family and social ties, employment, cooperative conduct toward the authorities to date, no prior convictions for flight or manipulation of identity, and a willingness to provide security.

Typical conditions

Customary conditions for a suspension of detention are: surrender of the passport, a regular reporting requirement with the competent authority, an order to remain within the country, a contact ban with respect to specific persons, as well as the provision of bail or security by third parties.

Filing the application

The application for suspension of detention is filed by the defense lawyer with the competent Higher Regional Court. It should set out the requested person's social and family circumstances in detail, propose specific conditions, and, where appropriate, document a willingness to provide security. If the Higher Regional Court refuses to suspend detention without adequate reasoning and upholds detention, a constitutional complaint to the Federal Constitutional Court may be considered, since Higher Regional Court decisions in extradition proceedings are not subject to ordinary appeal.

← Back to the glossary index