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 international extradition lawyers as quickly as possible. Our Interpol extradition solicitors specialize 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 legal mechanism is crucial 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. These include the European Convention on Extradition (1957), the UN Convention on Transnational Organized Crime, and others. However, extradition only applies to serious criminal offenses like murder, terrorism, money laundering, and other crimes with a minimum punishment of 2 years in prison.
How our extradition lawyerscan help with your 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 extradition attorney 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. But what can you expect from our elite extradition disputes lawyers?
Extradition defense process: What our clients can expect
When facing the threat of extradition, our role is to safeguard your rights against abuse of the legal system by a foreign government and protect your freedom. With strategic legal defense, we swiftly handle complex extradition cases and support you throughout the entire defense process.
Here’s a summary of what our clients should expect throughout the extradition defense process:
Prompt case evaluation and emergency protective measures Our international extradition lawyers start by promptly assessing the allegations by the requesting state and the framework of the surrender treaty involved.
If an arrest warrant has already been issued, your extradition lawyer will immediately:
Apply for bail or bond if you’ve been arrested
Challenge unlawful detention procedures
Request evidence disclosure as presented by the requesting country
Take emergency protective measures to prevent extradition before a proper hearing
Investigate the legitimacy of the extradition Many extradition requests are erroneous, based on weak evidence or politically motivated for harassment. Our international extradition attorney will analyze whether the crime is extraditable, assess whether the presented evidence meets the legal requirements, and determine whether the surrender violates any constitutional or human rights principles.
Where appropriate, your extradition lawyer will challenge the request on grounds like dual criminality failures, insufficient evidence, process abuse, procedural defects, human rights violations, or political motivation.
Defense strategy development & court representation You won’t walk into the courtroom alone. Our extradition defense lawyers meticulously develop a comprehensive defense strategy tailored to your case. That includes expert reports highlighting human rights concerns or political risks, witness testimony, and legal arguments targeting weaknesses of the requesting country’s case. We will also present evidence to prove compromised judicial independence or unfair treatment where necessary.
Our extradition law firm aims to dismiss the extradition request before the surrender order is approved. 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.
Negotiating with the prosecutor’s office In extradition cases, negotiations with prosecutorial authorities can be an effective tool for achieving a favorable outcome. Our extradition lawyers 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 extradition solicitors work tirelessly to minimize the legal consequences for our clients, including negotiating a review of the charges or the conditions of detention.
Safety and human rights protection Even if the requesting state presents sufficient evidence, our international extradition attorneys can help to block the surrender if it would violate your rights to fair trial. We also help defend your rights to be free from inhumane detention, torture, political persecution and discrimination.
Appeals & final safeguards If the initial court decision goes against you, the extradition case doesn’t end there. Our seasoned extradition lawyers will pursue the case further through:
We understand that persistence is the key as most extradition cases are often won in the appeal stage.
Ready to protect your rights and freedom against extradition?
Our commitment is to swiftly and discreetly defend your rights, protect your freedom and fight every attempt to surrender you to a foreign government. So the sooner you contact our elite extradition defense solicitors, the better your chances of successfully resolving your case.
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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 based on 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 several legal ways of challenging an extradition request. The most common ones include:
– Political motivation
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.
– Human rights violations
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 non bis in idem
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.
– Procedural violations
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 also refuse to extradite their own citizens. Instead of extradition, they may offer to prosecute the individual under their national laws.
So, how can our international extradition lawyer help you?
At the first stage, our extradition disputes lawyer can challenge the surrender 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, our extradition attorney 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. Our experienced international extradition lawyer USA can help analyze a request and identify grounds for refusal, prepare the necessary evidence, draft an appeal, or submit a claim to international organizations.
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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 extradition 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 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 our experienced international attorneys 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 proper 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.
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.
Why do you need an international extradition attorney?
An international extradition attorney coordinates defense strategies across jurisdictions, analyzes the legality of extradition requests, assesses the risk of double jeopardy, and protects human rights under international law. Key instruments such as the European Convention on Extradition and the International Covenant on Civil and Political Rights (ICCPR) provide safeguards against unlawful extraditions. Without professional legal representation, individuals often fail to utilize procedural guarantees effectively. An expert lawyer can leverage international norms to challenge extradition and protect fundamental rights.
Source: European Convention on Extradition, ICCPR.
Can I appeal an extradition order?
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.
Can I be arrested without warning for extradition?
Yes, you can be arrested without warning for extradition matters, especially when an Interpol Red Notice or a provisional arrest warrant has been issued. Extradition cases often move urgently, and law enforcement authorities aren’t legally required to notify the suspect before making an arrest.
Can an extradition order be appealed?
Yes, an experienced solicitor can help you appeal an extradition order and, in most cases, appeals are where most extradition cases are won. Filing an appeal allows a higher court to review the extradition decision made by a government authority or a lower court and decide whether the order was properly justified, fair, and lawful.
How long does the international extradition process take?
The duration for an international extradition varies depending on the countries involved, the complexity of the case, and whether appeals are filed. However, most extradition cases take anywhere between a few months to several years, depending on those underlying factors.
Will I be jailed during an ongoing extradition case?
Whether you will be held in custody during an extradition case depends on whether the court decides to grant you bail. Most suspects facing extradition are granted bail as the case proceeds, but you will need an experienced extradition solicitor to prove to the court there’s no risk of interference with the process or fleeing.
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