Extradition is a formal legal process through which one state seeks the surrender of a person from another state for prosecution or to enforce a criminal sentence. It is not automatic: the applicable rules depend on the treaty or domestic legislation involved, the alleged offence and any applicable human-rights safeguards.
International extradition proceedings can move quickly and may involve arrest, detention, bail proceedings, court hearings, executive review, travel restrictions and parallel international police measures. Our international extradition lawyers assist clients with urgent case assessment, analysis of extradition requests, identification of possible grounds for challenge and coordination of legal strategy across jurisdictions.
Extradition is not governed by one universal procedure. The applicable rules depend on the countries involved, the relevant treaty or domestic legislation, the alleged offence, the person’s nationality, the procedural stage and any applicable human-rights safeguards.
Where representation before a national court or authority is required, we coordinate the matter with lawyers authorised to practise in the relevant jurisdiction.
International Extradition Legal Assistance
Extradition is a formal legal process through which one state seeks the surrender of a person from another state for prosecution or to enforce a criminal sentence.
A request may be governed by a bilateral extradition treaty, a multilateral convention, domestic extradition legislation or another recognised framework. The absence of a bilateral treaty does not necessarily mean that surrender is legally impossible.
The exact requirements vary significantly between jurisdictions. Depending on the applicable framework, authorities may examine issues such as:
- whether the conduct is criminal in both countries;
- whether the offence meets the required seriousness threshold;
- whether the request contains the necessary judicial documents;
- whether prosecution or punishment is time-barred;
- whether the case is politically motivated;
- whether the person has already been tried for the same conduct;
- whether extradition would expose the person to prohibited treatment;
- whether nationality or other domestic restrictions apply;
- whether additional assurances are required before surrender.
The European Convention on Extradition, for example, contains its own threshold and procedural requirements, while other treaties and national systems may use different standards. Extraditability should therefore be assessed under the specific framework governing the countries involved.
How Our International Extradition Lawyers Can Help
An extradition case may require simultaneous work on criminal procedure, treaty interpretation, human rights, INTERPOL data and proceedings in more than one country.
Urgent Case Assessment
The first step is to establish what legal measures already exist.
We review available information concerning:
- national arrest warrants;
- extradition or surrender requests;
- provisional arrest requests;
- court decisions;
- INTERPOL Notices or Diffusions;
- existing criminal proceedings;
- travel or immigration restrictions;
- previous proceedings concerning the same allegations.
Where a risk of imminent arrest exists, early review can be particularly important because deadlines for bail applications, appeals or procedural objections may be short.
Review of the Extradition Request
Our legal team examines the legal basis of the request and the framework relied upon by the requesting state.
This may include reviewing:
- the applicable extradition treaty or convention;
- domestic extradition legislation;
- the underlying arrest warrant or judgment;
- the description and legal classification of the alleged offence;
- penalty thresholds;
- limitation periods;
- supporting evidence or case materials where disclosure is available;
- procedural deadlines and formal requirements.
The purpose is to determine what the requested state is legally required or permitted to examine before surrender can take place.
Grounds for Refusal or Challenge
An extradition request should not be treated as automatically enforceable.
Depending on the jurisdiction and legal instrument involved, an extradition defence lawyer may need to examine possible objections relating to dual criminality, political motivation, human-rights risks, procedural defects, nationality, double jeopardy, limitation periods or restrictions contained in the applicable treaty.
No single defence applies to every extradition case. The available arguments depend on the facts and the law governing the particular request.
Detention and Bail Coordination
Extradition proceedings may involve provisional arrest or detention before the full request has been determined.
Rules governing release, bail and detention vary significantly between countries. Relevant considerations may include flight risk, the seriousness of the request, previous compliance with court orders, residence, family ties and the availability of appropriate conditions.
Where national representation is required, we coordinate bail or detention-related proceedings with appropriately authorised local counsel.
Human Rights Review
Human-rights issues can become central to extradition proceedings.
Article 3 of the UN Convention against Torture prohibits a State Party from extraditing a person where there are substantial grounds for believing that the person would face a danger of torture. The assessment must concern the actual risk to the individual and the circumstances of the proposed transfer.
Depending on the applicable jurisdiction, other issues may include:
- risk of inhuman or degrading treatment;
- prison conditions;
- denial of a fundamentally fair trial;
- discriminatory prosecution;
- serious health concerns;
- the death penalty;
- politically motivated proceedings.
The legal test and evidence required will depend on the court, treaty and national law involved.
Appeals and Further Review
A first extradition decision is not always the end of the proceedings.
Depending on national law, further remedies may include an appeal, judicial review, constitutional proceedings, applications for interim protection or other domestic and international remedies.
Whether an appeal automatically suspends extradition is jurisdiction-specific. It should not be assumed that surrender is automatically stayed merely because an appeal has been filed.
How an International Extradition Case Typically Develops
There is no single worldwide extradition procedure. However, many cases involve several of the following stages.
1. Extradition or Provisional Arrest Request
The requesting country may first seek provisional arrest or submit a formal request for extradition.
The legal route depends on the relevant treaty, convention and domestic law.
2. Review by the Requested State
The authorities of the country where the person is located assess whether the request satisfies the applicable legal requirements.
Different systems divide responsibility differently between prosecutors, ministries, courts and other competent authorities.
3. Arrest or Interim Measures
Where national law permits it, the person may be arrested or subjected to other measures while the request is considered.
A separate legal basis under national law is normally required for detention.
4. Judicial or Administrative Proceedings
The competent authority examines whether the legal requirements for extradition are satisfied and whether any mandatory or discretionary grounds for refusal apply.
5. Defence Submissions
The requested person may be able to challenge the extradition on treaty, evidential, procedural, constitutional or human-rights grounds.
6. Appeal or Further Review
Where available, a higher court or another competent body may review the decision.
The availability, deadline and suspensive effect of an appeal vary by jurisdiction.
7. Final Decision and Surrender
If all required approvals become final and no legal obstacle remains, arrangements may be made for surrender to the requesting state.
The timetable and authorities responsible for the final transfer depend on national law.
Potential Grounds for Challenging Extradition
The existence of an arrest warrant or extradition treaty does not by itself establish that surrender must occur.
Dual Criminality
Many extradition frameworks require the underlying conduct to constitute a criminal offence in both the requesting and requested states.
The legal names of the offences do not necessarily need to be identical. Courts often examine the substance of the alleged conduct.
However, the precise dual-criminality test depends on the applicable treaty and national legislation.
Extraditable-Offence Requirements
Treaties frequently impose a minimum level of seriousness before extradition is available.
There is no universal two-year rule.
For example, Article 2 of the European Convention on Extradition generally refers to offences punishable in both states by a maximum period of imprisonment of at least one year, subject to the Convention, reservations and domestic rules. Other extradition frameworks may set different thresholds.
Political Motivation and Political-Offence Restrictions
Some extradition instruments restrict surrender for political offences or where a request appears to have been made for an improper discriminatory purpose.
The scope of any political-offence exception varies between treaties and may be restricted for terrorism or other categories of conduct.
A political background alone does not automatically defeat an extradition request. The legal test and supporting evidence must be examined under the applicable framework.
Torture and Serious Human-Rights Risks
A credible personal risk of torture may create an absolute legal obstacle under applicable international obligations.
The UN Committee against Torture explains that the risk assessment must concern a foreseeable, personal, present and real danger to the individual.
Other human-rights objections may depend on the country conducting the proceedings and the legal instruments binding it.
Death Penalty
Where the requesting country may impose or carry out capital punishment, the requested state may require formal assurances before surrender or may refuse extradition entirely.
The legal position depends on the requested country’s domestic law and international obligations.
Double Jeopardy or Ne Bis in Idem
Some legal frameworks restrict extradition where the requested person has already been finally tried, acquitted or punished for the same conduct.
Whether the rule applies depends on the identity of the conduct, the earlier decision and the relevant treaty provisions.
Nationality
Some states extradite their own nationals; others impose constitutional or statutory restrictions.
In certain cases, refusal to extradite a national may be accompanied by the possibility of domestic prosecution.
Nationality therefore needs to be assessed under the law of the requested state rather than treated as a universal defence.
Limitation Periods
The passage of time may affect extradition where prosecution or enforcement of the sentence has become time-barred under the relevant law or treaty.
Rules concerning limitation periods vary substantially between countries.
Procedural Defects
A challenge may also concern defects such as:
- missing judicial documents;
- failure to satisfy treaty requirements;
- missed procedural deadlines;
- inadequate identification of the requested person;
- inconsistencies between the warrant and extradition request;
- lack of required certifications or translations;
- use of a legal mechanism outside its permitted purpose.
Not every defect will result in refusal. Its significance depends on the applicable law and whether the problem can be corrected.
Extradition and INTERPOL Red Notices
Extradition proceedings and INTERPOL measures are related in some cases, but they are legally distinct.
An INTERPOL Red Notice is a request to law-enforcement authorities worldwide to locate and provisionally arrest a person pending extradition, surrender or similar lawful action. It is based on a national arrest warrant or court order.
A Red Notice is not an international arrest warrant. INTERPOL cannot compel a country to arrest a person, and each member state decides what legal effect it gives to the Notice under its own law.
A person involved in an extradition case may therefore need two separate strategies:
- defence against extradition before national authorities; and
- review or challenge of data processed through INTERPOL.
Where INTERPOL data may be inaccurate, outdated or incompatible with the organisation’s rules, a request for access, correction or deletion may be submitted to the Commission for the Control of INTERPOL’s Files (CCF).
Since 26 March 2026, CCF requests must generally be submitted through INTERPOL’s dedicated secure online portal.
A successful challenge to INTERPOL data does not automatically cancel a national arrest warrant or terminate an extradition case. These issues must be addressed separately.
Why Work With an International Extradition Lawyer?
International extradition cases often involve several legal systems at the same time.
An international extradition lawyer can help identify:
- which treaty or legal framework applies;
- whether the request satisfies its formal requirements;
- which objections are legally available;
- what evidence is needed to support those objections;
- whether urgent detention or bail proceedings are expected;
- whether INTERPOL measures require separate action;
- which deadlines apply;
- whether local court representation is required.
Cross-border coordination is especially important when the arrest warrant originates in one country, the person is located in another and related assets, immigration proceedings or family interests exist elsewhere.
Our team develops the international case strategy and coordinates with lawyers authorised to practise before the national courts and authorities concerned.
Early legal review cannot guarantee that extradition will be refused, but it can help identify procedural deadlines, available remedies and evidential issues before important decisions are made.
Urgent Assistance in Extradition Cases
A case may require urgent review if:
- you have been informed of an extradition request;
- a provisional arrest warrant has been issued;
- you believe a foreign arrest warrant exists;
- you have been detained during travel;
- an INTERPOL Red Notice or Diffusion appears to be involved;
- a surrender or extradition hearing has been scheduled;
- authorities have imposed travel or reporting restrictions;
- an appeal deadline is approaching.
Provide the countries involved, available court or police documents and the current procedural stage.
Protect Your Freedom
We fight unfair requests, human rights abuses, and safeguard your future abroad.
Contact Our International Extradition Lawyers
If you are facing an extradition request, provisional arrest, international warrant or related cross-border criminal proceeding, contact our legal team with the countries involved and the documents currently available.
We can review the international legal framework, identify the issues requiring immediate attention and determine which parts of the matter require coordination with lawyers authorised to practise in the relevant jurisdiction.
Legal outcomes cannot be guaranteed in advance. The available remedies depend on the applicable treaty, national law, evidence and procedural stage.
Countries We Serve
Who will handle your case
Applications to the Commission for the Control of INTERPOL’s Files are drafted and signed by a senior partner, and you deal with that partner throughout — the argument you file is the one you discussed.
Dmytro KonovalenkoSenior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)- Dr. Anatoliy YarovyiSenior Partner
Fees are set after a free assessment of the file, because the work depends on whether a notice exists at all, which country supplied the data and how far the case behind it has gone. See the full team on our team page, or speak to a partner directly: +357 96 447475.
FAQ
What should I do if I become the subject of an extradition request?
Obtain the available documents and identify the countries involved as quickly as possible.
An extradition lawyer should determine what legal instrument governs the request, whether an arrest or provisional arrest measure exists, what deadlines apply and whether immediate applications concerning detention, bail or interim protection are available.
Avoid assuming that the existence of a request means extradition has already been approved.
Can I be arrested without advance warning?
In some jurisdictions, provisional arrest can occur before the person receives advance notice of a formal extradition hearing.
The authority to arrest must come from the law of the country where the person is located. An INTERPOL Red Notice does not itself create a universal power of arrest.
Can an extradition decision be appealed?
Appeal or review may be available depending on the jurisdiction and stage of proceedings.
Deadlines can be short. In addition, filing an appeal does not universally mean that surrender is automatically suspended. The suspensive effect must be checked under the applicable national procedure.
How long does international extradition take?
There is no standard duration.
A case may be affected by:
- whether provisional arrest occurred;
- the time allowed to submit the formal request;
- complexity of the allegations;
- disclosure and translation requirements;
- court schedules;
- appeals;
- constitutional or human-rights litigation;
- requests for diplomatic assurances;
- parallel INTERPOL proceedings.
Straightforward matters may move relatively quickly, while contested cases involving several levels of review can take substantially longer.
Will I remain in custody during extradition proceedings?
Not necessarily.
Detention and bail rules differ by jurisdiction. Courts may consider flight risk, the seriousness of the request, residence, previous compliance with legal obligations and whether suitable conditions can reduce any identified risk.
There is no reliable universal rule that most extradition defendants will or will not receive bail.
Is an INTERPOL Red Notice an extradition order?
No.
A Red Notice is an international police cooperation request used to seek the location and provisional arrest of a wanted person pending extradition or similar lawful action. It is not an international arrest warrant and does not itself determine whether extradition should be granted.
Does the absence of an extradition treaty mean I cannot be extradited?
Not necessarily.
Some states require a treaty basis for extradition in particular circumstances. Others may allow surrender under domestic legislation, multilateral conventions, reciprocity or other recognised arrangements.
The answer must therefore be determined for the specific pair of countries involved.
Can extradition be refused because of human-rights risks?
Potentially, yes.
Applicable international and domestic law may prohibit extradition where the required legal threshold for a serious human-rights risk is established. Under Article 3 of the Convention against Torture, a State Party must not extradite a person where substantial grounds exist for believing the person would be in danger of torture.
Can a country extradite its own citizen?
It depends on national law and the relevant treaty.
Some states permit extradition of nationals, while others restrict or prohibit it. In certain systems, domestic prosecution may be considered instead.
Nationality should therefore be examined on a country-specific basis.
Can removal of a Red Notice stop extradition?
Not automatically.
A Red Notice and an extradition proceeding are separate legal mechanisms. Removing data from INTERPOL’s systems does not necessarily cancel the underlying national arrest warrant or terminate proceedings already pending before domestic authorities.
This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified lawyer.