Extradition is the process of transferring an individual accused or convicted of a crime from one jurisdiction to another for the purpose of legal proceedings or the execution of a sentence. Internationally, cooperation on extradition matters becomes particularly significant. Germany actively participates in international extradition agreements. However, there are countries with which Germany does not have formal extradition arrangements. Let’s explore the reasons for the absence of such agreements, list the relevant countries, and also examine the legal consequences of extradition and the role of Interpol extradition legislation specialist (auslieferungsrecht spezialist interpol).
What is extradition?
Extradition (Auslieferung) is a legal process through which one country hands over an individual accused or convicted of committing a crime to another country for the purpose of legal proceedings or serving a sentence. The main legal bases for extradition are international treaties, bilateral agreements, and national legislation. Within the European Union, extradition is regulated under the Protocol on the European Arrest Warrant, which facilitates a simplified and expedited process for transferring individuals between member states.
According to Article 3 of the European Convention on Extradition, extradition must be carried out based on an existing agreement and provided that the principles of dual criminal prosecution, humanity, and the absence of political motives in the charges brought are observed.
Why do some countries not have extradition agreements with Germany?
The absence of extradition agreements between Germany and some countries can be attributed to a variety of political, diplomatic, legal, and other factors.
Political relations play a crucial role in establishing extradition agreements. Countries with tense or unstable diplomatic relations often avoid signing such agreements. For example, strategic rivalry or conflicting positions on international issues can hinder the creation of legal mechanisms for extradition.
Differences in legal systems and procedures can pose a significant barrier to the conclusion of extradition agreements. Variations in the definition of crimes, the level of evidence required, standards of justice, and adherence to human rights can lead to mutual distrust and a refusal to cooperate in extradition matters.
Some countries do not maintain official diplomatic relations with Germany, making it impossible to establish formal extradition agreements. Without diplomatic channels for negotiation and interaction, coordinating legal procedures for the transfer of individuals is unfeasible.
List of countries without an extradition agreement with Germany
Countries without an international cooperation agreement regarding extradition procedures are more likely to refuse the extradition of individuals. However, based on, so to speak, verbal agreements between both parties, extradition can still be possible. The list of countries without an extradition treaty includes:
- Russia. Russia and Germany have complex strategic and diplomatic relations, characterized by frequent tensions. These factors lead to extradition between these countries being rare and only carried out in exceptional cases, if at all.
- China. There are no formal extradition agreements with Germany. However, in certain cases, negotiations for the transfer of individuals can be conducted, but this occurs on the basis of individual agreements and requires the consent of both parties.
- United Arab Emirates. Despite having significant economic and political ties with Germany, there is no formal extradition treaty between the countries. This is due to differences in legal systems and priorities in international cooperation.
- Saudi Arabia. Political considerations and concerns about human rights compliance often become obstacles to the conclusion of extradition agreements between Germany and Saudi Arabia. These factors contribute to the rarity of extraditions between these countries.
- North Korea. North Korea does not have diplomatic and legal agreements with most countries, including Germany. This is due to the country’s isolationist policy and a lack of international recognition in several aspects.
- Cuba. The historically established political relations and the absence of formal extradition agreements hinder cooperation between Germany and Cuba in the area of extradition. Extradition between these countries is only possible in exceptional cases and based on individual agreements.
- Morocco. Germany does not have an official extradition treaty with Morocco. However, in specific cases, negotiations and the temporary transfer of individuals for prosecution based on mutual agreements are possible.
- Kazakhstan, Vietnam, Iran, Belarus, Syria, Mongolia, and Qatar. These countries also do not have formal extradition agreements with Germany. However, in certain cases, negotiations and extradition may be possible based on individual agreements or international norms, provided there is mutual consent and legal standards are adhered to.
If you’re facing an extradition issue, we recommend seeking professional assistance from our team. Seeking timely assistance and support from experienced Interpol specialists can fundamentally change the course of your case in your favour.
What will happen if there is no extradition agreement?
In the absence of an extradition treaty between Germany and another country, the process of transferring an individual for prosecution becomes significantly more complex and time-consuming. In such instances, it is necessary to resort to diplomatic channels and conclude temporary agreements based on the principle of reciprocity. This requires the consent of the government of the receiving country and compliance with all international legal standards.
The absence of an extradition treaty can lead to a situation where the accused may be forced to remain in the country where they are located until an agreement on their transfer is reached. This can create additional legal and financial costs for the state seeking extradition, as well as complicate the process of legal prosecution.
Important considerations for individuals
For individuals for whom an Interpol Red Notice has been issued, an international arrest warrant, extradition proceedings may subsequently be possible. If you are under threat of extradition, you should consider the following:
- Legal protection. It is necessary to have a qualified lawyer who specialises in international law and extradition procedures to defend your rights and interests.
- Upholding human rights. It’s crucial to ensure that extradition does not lead to a violation of human rights, including the right to a fair trial and protection against torture and inhumane treatment.
- International support. Seeking assistance from international organisations, such as the European Court of Human Rights, can aid in protecting the rights of the accused.
- Political and diplomatic measures. In certain cases, it may be possible to use diplomatic channels to prevent extradition or to mitigate its conditions.
How can an extradition lawyer assist you?
Solicitors specialising in international law and extradition proceedings play a key role in defending the rights of individuals subject to extradition. Our legal firm has significant experience in this field, can provide the following services:
- Consultation and analysis: assessing the legality and justification of an extradition request, analysing international treaties and national legislation.
- Document preparation: drafting and submitting the necessary legal documents to protect the client from extradition.
- Representation in court: defending the client’s interests in judicial instances, including presenting arguments regarding human rights violations or the request’s non-compliance with international standards.
- International negotiations: conducting discussions with representatives of the host country to achieve the most favourable outcome for the client.
- Support at all stages of the process: providing continuous legal support and keeping the client informed about the progress of the case and its prospects.
Extradition remains a harsh but necessary tool of international justice; however, the lack of formal agreements between Germany and several countries creates significant legal and diplomatic complexities.
If you’re facing difficulties, have been arrested, and are facing extradition to another country, please get in touch with us! Our team of lawyers at Interpol’s international law firm will provide you with robust legal defence to protect your rights and interests.
