Challenging Extradition to Ukraine Amid War and Legal Uncertainty
The lawyers conducted a comprehensive analysis of the legal barriers to prevent the extradition of a Ukrainian citizen to Ukraine, taking into account the risks associated with war, refugee status and possible human rights violations.
Case Overview
A Ukrainian citizen, officially registered as a refugee in Munich under Paragraph 24, sought urgent legal assistance to prevent extradition to Ukraine over allegations of pimping dating back to 2018. The client had never been convicted of any crime and possessed two higher education degrees, with fluency in English, German, and French.
According to Ukrainian law, the statute of limitations for such cases is seven years, and court hearings can be conducted online at the judge’s discretion. However, despite the lack of evidence and witnesses, the judge denied the request for a remote hearing and demanded the client’s physical presence in Ukraine. The judge also warned that if the client failed to appear, an extradition request in Germany could be initiated, potentially leading to legal proceedings and an INTERPOL notice.
The client feared returning to Ukraine due to several critical risks:
- Ongoing war and the dangers of traveling to a conflict zone.
- Uncertainty over German refugee status, valid only until March 2024.
- Possible restrictions on leaving Ukraine as a military-age individual.
- High risk of pre-trial detention and forced confessions through coercion.
Given these factors, the client required an expert assessment of the extradition risk and potential legal protection strategies to remain in Germany.
Can Ukraine Extradite Refugees During Wartime?
Our legal team conducted an in-depth assessment of extradition laws and the specific circumstances of the case, focusing on:
- Germany’s obligations under international law regarding the extradition of refugees and the principle of non-refoulement, which prohibits returning individuals to countries where they may face serious harm.
- The impact of the ongoing war in Ukraine on legal cooperation with Germany and whether extradition requests from Ukraine remain enforceable.
- INTERPOL’s regulations on politically motivated notices, particularly in cases where human rights violations or war-related risks are present.
- Potential defenses against extradition, including the client’s status as a registered refugee, the lack of fair trial guarantees, and the absence of evidence in the case.
- Procedural strategies to challenge an INTERPOL notice if issued and to block any extradition attempts in German courts.
Result
Our legal review determined that extradition to Ukraine under these circumstances was highly unlikely due to multiple legal barriers, including:
- Germany’s refugee protections, which strongly discourage deportation to active war zones.
- The lack of solid evidence, making the case weak for extradition proceedings.
- Human rights concerns, as forced extradition could lead to unfair trial conditions and potential mistreatment.
- Legal mechanisms in Germany to prevent extradition based on humanitarian grounds.
As a precaution, we advised the client on how to respond to any future legal actions, including contesting an INTERPOL notice and seeking permanent asylum protections. This case highlights the importance of early legal intervention in preventing politically motivated extradition requests.
