Stopping an extradition
Last updated: June 2026
An extradition is not automatic. It is only admissible if no bar to extradition applies — and that is precisely where the defense begins. I examine every avenue in the IRG, the Basic Law and the ECHR, and make consistent use of interim relief.
The most important bars to extradition
Each of these bars can prohibit an extradition in an individual case. What matters is raising them in good time, substantiating them and backing them with evidence — because the Higher Regional Court's decision is later unappealable.
A threat of torture or inhuman detention conditions prohibits extradition — Article 3 ECHR, Article 4 of the EU Charter and the ordre public under Section 73 IRG. Concrete evidence on the target state is decisive here.
Section 6 IRG protects against extradition for a political offense or where there is a threat of persecution on political, religious or similar grounds — a central lever against abuse by authoritarian states.
Article 16(2) of the Basic Law protects German citizens against extradition as a matter of principle. To EU states and the International Criminal Court only under the narrow conditions of Section 80 IRG — and only against an assurance of return.
Where the death penalty is threatened, extradition is inadmissible without a reliable assurance (Section 8 IRG). The same applies to breaches of Article 6 ECHR — for example after a judgment in absentia without a defense.
A lack of dual criminality (Section 3 IRG), a breach of the rule of specialty, double jeopardy (ne bis in idem) and the statute of limitations can likewise rule out extradition.
A constitutional complaint with an urgent application to the BVerfG (Section 32 BVerfGG) that can stop the surrender from being carried out — and, pre-emptively: applications to the Interpol commission (CCF) and against SIS alerts, before it comes to an arrest.
Act early — secure room to maneuver
Stay silent on the substance, give no consent to simplified extradition (it is irrevocable). I take over communication with the General Public Prosecutor's Office and the court.
I evaluate the request, research the situation in the target state (detention conditions, the rule of law) and identify every bar that applies — with evidence instead of assertions.
A full presentation of all objections before the Higher Regional Court's decision — and, if necessary, a constitutional complaint with an urgent application to the BVerfG to stop the surrender from being carried out.
Related topics
Defense against the EAW in EU proceedings — list offenses, protection under Article 16(2) of the Basic Law and Section 80 IRG.
Deletion of abusive wanted alerts through the CCF — pre-emptively, before it comes to an arrest.
The legal situation, treaty basis and bars for each target state — over 90 countries at a glance.
Arrested or under acute threat? → First aid after an arrest · Terms in the Glossary: bars to extradition
Stopping an extradition — in brief
Can an extradition be stopped at all?
What bars to extradition are there?
What is the most important lever in urgent proceedings?
At what point should I instruct a lawyer?
Fending off an extradition — every minute counts
Call me — the first assessment is free of charge and without obligation.