What isextradition?
Extradition is the process of transferring an accused or convicted person from one state to another for trial or to carry out a sentence. For example, the investigating authorities are investigating a person suspected of committing several fraud offences.
The person in question fails to appear at the hearing, so he is put on the wanted list in Switzerland. The wanted list request is also sent to other countries. If the person is arrested abroad, his extradition may be requested in order to complete the prosecution and hand him over to the court for trial.
Extradition should be distinguished from expulsion and – in the case where the foreign national does not leave the country when ordered – from forced deportation by the police. Such actions by the immigration authorities are taken in the interests of the security of the country in which the person is located. The expulsion is carried out independently of any request from a third state.
The main purpose of extradition is to ensure justice and to prevent the possibility of evading responsibility for the crimes committed. An important aspect of the extradition process is the existence of a relevant extradition treaty between the states, which sets out the conditions and procedures for extradition.
Switzerland, as a country with a high level of legal awareness and a transparent justice system, actively participates in international cooperation, including extradition. Switzerland has various extradition treaties with a number of countries, including agreements concerning criminal cases, economic crimes and other offences.
Who can be extradited?
Not every person accused of a crime can be extradited. According to the Swiss extradition law, namely Section 3 of the Federal Act of 22 January 1892 on extradition to foreign states, Switzerland follows the principle of double criminality, which means that the act for which extradition is requested must be considered a crime in both the requesting and the requested states.
The term “crimes” covers both serious and penal crimes as defined by criminal law. The categories of crimes are:
- Crimes against the person, such as murder, neglect of children and vulnerable persons, causing serious bodily harm, cruelty between parents and children;
- Crimes against personal liberty and family rights. For example, unlawfully holding people against their will, threatening people or property;
- Crimes against morality, such as rape or indecent assault;
- Crimes against property, including extortion, receiving stolen goods and fraudulent bankruptcy, wilful destruction of or damage to another’s property;
- Crimes against public safety. For example, wilfully causing fire or damage;
- Crimes against justice, such as making false statements and lying under oath;
- Crimes related to official duties, such as giving or receiving bribes involving public officials, using official position for personal gain.
There are exceptions, however. Switzerland does not extradite individuals if they may face torture, cruel or degrading treatment in the requesting state. This clearly highlights the importance of respecting human rights; Swiss jurisprudence seeks to prevent a repetition of historical errors involving a threat to the life or freedom of citizens.
Extradition procedure in Switzerland
Swiss extradition is regulated by the Federal Act on International Mutual Assistance in Criminal Matters (IMAA). The law allows extradition even in the absence of relevant treaty obligations. Cooperation with European and many non-European states is largely based on the European Convention on Extradition, as well as on bilateral extradition treaties.
The extradition procedure in Switzerland includes several stages. Let’s look at the main steps that the extradition process goes through:
- Extradition request. The requesting state submits a formal request for extradition to the Swiss authorities. The request must be made in accordance with the conditions set out in the applicable extradition treaty with Switzerland. This request must be in the form of a notification in the Schengen Information System (SIS), from the national Interpol bureau or directly from the Ministry of Justice.
- Evaluation of the request. The Federal Office of Justice (FOJ, extradition unit) then checks whether the request contains all the necessary information and whether extradition is possible in the given case.
- Decision on whether to extradite the person. If the request meets the requirements, the FOJ decides to extradite or refuse extradition. If the person’s place of residence in Switzerland is known, the FOJ orders the competent police forces to arrest the wanted person directly. If the place of residence is unknown, the FOJ may enter the person in the RIPOL automatic search system for arrest (unless the person in question is already entered in the SIS). It is important to note that extradition may be refused if there is a risk of human rights violations.
- Seizure of evidence. When a wanted person is detained, evidence and objects obtained as a result of the crime are also seized. The police immediately inform the FOJ of the detention and any evidence or objects that have been seized. The authorities provide the detainee with a legal hearing to respond to the foreign state’s search request and inform him of his right to contact his country’s consulate in Switzerland and to appoint a lawyer of his own choice.
- Filing an appeal. The wanted person may file an appeal with the Federal Criminal Court within 30 days of service of the extradition decision. This court will rule on the appeal after the FOJ has stated its position. An appeal against the decision may be lodged with the Federal Supreme Court in “particularly important” cases – in particular where there are indications of significant deficiencies in the criminal proceedings in the requesting country.
- Enforcement of the decision. If the decision to extradite is final, the Swiss authorities will arrange for the transfer of the accused to the requesting party.
A typical trial can take up to a year or more, especially in complex cases and when all possible appeal channels are used. Given the complexity of the process, it is important to have a qualified lawyer who can provide legal guarantees and protect the interests of the extradited person at all stages of the procedure.
Extradition to Switzerland for financial crimes
Financial crimes are becoming an increasingly common basis for extradition requests, particularly among international criminal groups and related schemes.
To protect Switzerland’s position as the financial capital of the world, the authorities have taken increasing measures to combat financial crime. In particular, Switzerland has adopted numerous new financial crimes in the SCC and other laws since the early 1990s by ratifying various international multilateral treaties on various financial crimes: the crimes of money laundering and failure by financial intermediaries to establish the beneficial owner of a business relationship (1990); the crimes and various provisions concerning criminal organizations (1994); the Anti-Money Laundering Act, including breach of the duty to report suspicions of money laundering (1998); the crime of active bribery of foreign agents (2001); jurisdiction granted to the federal prosecution and justice authorities for key financial crimes (2002/2004); the crime of financing terrorism and creating corporate criminal liability (2003); the crime of passive bribery of foreign agents and bribery of private individuals (2006); the expansion of money laundering to serious crimes related to tax fraud (2016).
The strengthening of measures to combat financial crimes is also reflected in the context of extradition. In the case of a request for extradition from Switzerland to the United States for financial crimes, Swiss courts will carefully assess whether the circumstances of the case actually meet the criteria for extradition. It is important that the requesting state provides sufficient evidence and information to support its request.
In order for the Swiss authorities to agree to extradition in the case of allegations of financial crimes, the following conditions must be met:
- Evidence. The requesting party must provide sufficient evidence that supports the circumstances of the alleged crime;
- Political background. The requested person must not be persecuted for political reasons. This is an important condition, since such cases often involve corruption and abuse of power;
- Legal conditions. The conditions of extradition must comply with Swiss extradition laws and international law.
Does Switzerland have Extradition with the US?
Yes, there is an extradition treaty between Switzerland and the United States of America. This treaty was signed to facilitate justice in both countries. It covers a wide range of crimes, including drug trafficking, financial crimes, terrorism and more. The application of this treaty facilitates the extradition of suspects or convicted persons in criminal cases.
Extradition between Switzerland and the United States is based on mutual legal obligations, which means that both countries must comply with certain legal rules. The extradition request is sent from one country to the other, and each party makes a decision in accordance with its own laws and procedures.
It should be noted that the process can take a considerable amount of time, especially if there are special circumstances in the case or if the requested party contests the extradition.
How can Interpol lawyers help with extradition?
Lawyers who specialize in extradition and international criminal law can offer multi-layered assistance to individuals facing extradition. Their work includes several key aspects:
Legal Defense Strategies in Extradition Cases
A qualified lawyer can help you develop a legal defense strategy to minimize the risks associated with extradition. This may include an analysis of possible legal arguments, as well as an assessment of the chances of success.
Representation in extradition proceedings
Lawyers represent clients at all stages of the extradition process. This may include attending court hearings, preparing all necessary applications and documents, and consulting with authorities.
Appeals and challenges to extradition
If extradition has been granted, a lawyer can appeal to the court if there are sufficient grounds to justify further proceedings. This could include errors in law enforcement, insufficient evidence or human rights violations.
Negotiations with authorities to prevent extradition
Extradition lawyers can use their knowledge and connections to negotiate with authorities to prevent extradition. This can be particularly useful in cases where there is a possibility that the client can be protected from being transferred to another country.
Looking for legal advice on extradition in Switzerland?
If you or a loved one is facing extradition issues in Switzerland, it is important to seek qualified legal assistance. Extradition in Switzerland is a complex process that requires in-depth knowledge of Swiss law and international legal norms. Our lawyers will help you understand the legal procedures, prepare the necessary documents and defend your rights in court. Call us today and we will protect your interests and provide you with full legal support during the extradition process!
