Extradition is a serious legal issue that can fundamentally change a person’s life. In an effort to build strong diplomatic relations, many countries have developed extradition treaties that simplify and regulate this complex legal procedure. However, extradition requests are often based on false accusations or violate the rights of the suspect.
When your future and freedom are on the line, it’s crucial to secure legal support from experienced professionals as quickly as possible. Our Interpol legal team specializes in defending clients in matters of international extradition and offers a comprehensive approach to resolving such cases.
What is international extradition?
Extradition is a legal procedure in which one country hands over an individual accused or convicted of a crime to another country for criminal prosecution or to serve a sentence. This mechanism is an important tool for international cooperation in the fight against crime, especially when the crimes affect the interests of multiple countries or have a cross-border nature.
Extradition is governed by national laws, bilateral treaties, and international agreements. The key documents include:
The European Convention on Extradition (1957): governs extradition among the Council of Europe countries.
Bilateral agreements: individual arrangements between two countries;
Multilateral treaties: The UN Convention against Transnational Organized Crime and others.
Extradition is only applied to serious criminal offenses that carry a minimum punishment of 2 years in prison. Such crimes include: murder, causing serious bodily harm, terrorism, treason and espionage, money laundering, fraud and financial scams, corruption, illegal drug trafficking, cybercrimes, and sexual and labor exploitation.
Countries are also required to adhere to the principle of dual criminality. This means that the offense must be recognized as criminally punishable at the legislative level both in the requesting country and in the state where the person sought was found.
According to the principle of non-bis in idem, a person cannot be extradited if they have already been convicted or acquitted for the same crime in the country where they are located. Additionally, extradition is prohibited if the crime is of a political nature or related to opposition activity.
The process of international extradition
The extradition process begins with the initiation of a request. This request can be made by the prosecutor’s office or the ministry of justice of the country where the criminal case has been initiated or a verdict has been issued. It can be sent directly through diplomatic channels or via international organizations such as Interpol.
This request should include documents with a detailed description of the charges, the legal basis for extradition, information about the crime, and evidence confirming the person’s guilt.
Upon receiving a request, the state checks it for compliance with the following criteria:
The crime must be punishable both in the requesting country and in the country of execution.
The request must not violate human rights.
The requested action must not be a political or military crime.
At this stage, the request can be rejected if it does not meet the requirements of international and national laws. If approved, national law enforcement agencies carry out the detention of the person sought. The arrest is made on the basis of an international arrest warrant, often accompanied by Interpol’s red notice. An individual has the right to know the reason for their arrest, to seek assistance from a lawyer, and to contact representatives of their country.
After the arrest of a wanted individual, a court hearing is conducted to determine the legality of the extradition. The person can challenge the extradition request by providing substantial evidence of the risk of torture, an unfair trial, or political motivation behind the case.
After reviewing the case, the court issues a decision. If approved, extradition must also be approved by the executive branch of the government (Ministry of Justice and others). The person sought has the right to file a petition to appeal to a higher national court or international bodies.
Legal Means of Protection Against Extradition
There are numerous legal mechanisms available for protection against extradition. Let’s examine the most common ones.
One of the main grounds for denying extradition is the political motivation behind the charges. Extradition is not permitted if the crime mentioned in the request is related to participation in opposition activities, criticism of the government or political regime, or activism that does not involve violent actions.
Extradition is also impossible if there are grounds to believe that, upon being handed over, the person sought may be subjected to torture or cruel treatment, the death penalty, or an unfair trial. These grounds can be referenced, especially if the requesting country is known for violations of international norms.
The principle of ne bis in idem prohibits extradition if the person has already been convicted or acquitted for the same crime in the country where they are located. Extradition is not possible if the crime is not recognized as criminally punishable in both jurisdictions.
Extradition can be denied if procedural norms are violated: the requesting country has not provided sufficient evidence to prove the suspect’s guilt, has missed the deadline for submitting the request, or has violated the terms of a bilateral agreement.
Some countries refuse to extradite their own citizens. Instead of extradition, they may offer to prosecute the individual under their national laws.
At the first stage, a lawyer can challenge the extradition request in the national court of the country where the person sought is located. If the extradition violates human rights, it is also possible to appeal to the European Court of Human Rights (ECHR).
If a person is wanted through Interpol, one can submit a complaint to the Commission for the Control of Interpol’s Files (CCF) with evidence of the illegality or groundlessness of the notice.
An experienced lawyer can help analyze an extradition request and identify grounds for refusal, prepare the necessary evidence, draft an appeal, or submit a claim to international organizations.
Common Issues in Extradition Cases
During the extradition process, countries must adhere to strict international and national standards. However, in practice, situations often arise where the rights of individuals being sought are violated, and requests are used for political pressure.
Human rights violations
One of the most serious issues in extradition matters is the threat of human rights violations. In some countries, individuals sought for extradition may be subjected to torture, inhumane, or degrading treatment. International law, including the Convention against Torture, prohibits extradition to such countries.
If the requesting country has the death penalty as a form of criminal punishment, many states refuse to extradite wanted individuals without written guarantees that it will not be applied.
In some cases, extradition is requested by countries where the judicial system does not provide a fair trial. This may include a lack of independence in the courts or bias against the person being sought.
Political crimes
Political motivation is another widespread issue. International law prohibits the extradition of individuals accused of political crimes in order to prevent the misuse of the procedure for persecuting opposition or critics of the regime.
Political crimes are typically recognized as actions directed against the existing authorities: participation in opposition movements, organizing protests, publishing materials critical of the government, and other similar activities.
Authoritarian countries use extradition requests to target opposition figures, journalists, and activists, accusing them of “terrorism” or other serious crimes.
Political motivations behind requests are also evident through the misuse of red notices. Despite the prohibition on using the Interpol system for political purposes, some countries continue to submit requests based on politically motivated charges.
Why hire a lawyer for international extradition issues?
If you or your loved ones are facing the threat of extradition, it’s crucial to secure legal support from an experienced attorney as soon as possible.
Mistakes in defense can lead to serious consequences: unfair trials, human rights violations, deportation, or even the death penalty in some countries. Extradition also damages reputation, especially if the case involves political charges.
Extradition processes involve numerous stages: from filing an arrest request to court proceedings and possible appeals. Without legal support, it’s difficult to ensure compliance with all procedural standards and protect your rights.
In some countries, a person wanted by the authorities may face the threat of torture, unfair trial, or the death penalty. A lawyer can help prove the existence of such risks to prevent extradition.
How our lawyers can help with extradition cases
Extradition cases are among the most complex and multifaceted in international legal practice. They require a deep understanding of both national and international law, as well as experience in interacting with courts, law enforcement agencies, and international organizations. Working with a qualified lawyer can be a key factor in successfully defending your interests.
Our experienced attorneys will conduct a comprehensive analysis of the extradition request and assess its validity, identify potential violations, and grounds for refusal to extradite.
If you’re facing the threat of extradition, qualified lawyers can be a key factor in protecting your rights and freedoms. Following this, specialists will develop a personalized defense strategy taking into account the circumstances of the case and the charges brought against you.
A Red Notice is often also a basis for detention in the context of extradition. We can help you file a petition with the CCF Commission to have it removed, prove the notice’s illegality or political motivation, and restore your freedom of movement.
If the decision on extradition has already been made, we will prepare an appeal to the national highest courts or international organizations to protect your rights.
The sooner you hire a lawyer, the better your chances of successfully resolving your case. Early legal assistance allows for the collection of all necessary evidence, prevents detention and extradition, and also challenges unfounded requests at the early stages of the process.
Representation at extradition hearings
Extradition hearings are a crucial phase in the process. It is at this stage that the legality of extraditing the individual in question is determined. Our team of lawyers will ensure thorough preparation for the hearings. Experienced professionals will analyze the case details and materials provided by the requesting party, as well as prepare evidence to support the argument against extradition.
In our defense strategy, our lawyers will highlight the risks associated with extradition and will utilize all available international standards to protect the client’s interests.
Our team actively participates in legal proceedings, representing clients’ interests in trial courts and during appellate hearings. We challenge accusations, presenting evidence of political motivation behind the case or other violations of international law.
Negotiating with the prosecutor’s office
In extradition cases, negotiations with prosecutorial authorities can be an effective tool for achieving a favorable outcome. We analyze the motives and evidence presented by the requesting party to identify possible solutions.
If extradition is inevitable, we strive to mitigate the conditions: ensuring there is no imposition of the death penalty, securing a fair trial, and arranging for the sentence to be served in the client’s country of residence.
Our lawyers are working to minimize the consequences for our client, including negotiating a review of the charges or the conditions of detention. We are proposing alternatives to extradition to the prosecution, such as holding the client accountable in their current country of residence.
Contact our international extradition lawyers today!
We successfully handle extradition cases worldwide, including complex situations involving Interpol and international courts. Our team considers every detail of the case and develops personalized defense strategies tailored to the specific circumstances. We have achieved successful resolutions in many challenging cases, including the cancellation of extradition requests and the removal of Interpol red notices.Contact us right now for an initial consultation and to discuss the next effective steps to protect your interests. You can do this by filling out a brief contact form on our website, calling the mobile phone number provided, or detailing all the circumstances of your situation in an email.
Yes, an extradition order can be appealed. To do this, a lawyer will file an appeal with the national court or, if necessary, with international bodies. Grounds for appeal include: human rights violations, the threat of torture, lack of a fair trial, political motivation behind the case, and the request not being in accordance with international law standards. The appeal process halts the extradition process until a final court decision is made.
What will happen if the extradition is approved?
If extradition is approved, the national authorities notify the requesting country of their readiness to transfer the individual. The convicted person is temporarily held until all formalities are completed. Then, the individual is handed over to representatives of the requesting country and transported to its territory. After the transfer, the wanted person will appear before a court or begin serving their sentence in accordance with the laws of the requesting state.
What should you do if you become the subject of an extradition request?
If you find out that an extradition request has been filed against you, it’s crucial to immediately seek legal support from an experienced attorney. A qualified professional will examine the reasons for the request and the grounds for contesting it, prepare supporting evidence, and also explore options for appealing to international bodies to protect your rights.
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