Extradition procedures between countries are governed by bilateral treaties. International conventions and national legislation also play an important role.
Extradition from Germany to the US is not an exception. On this page, we will discuss the current rules and procedures for extraditing individuals between these two countries.
What is the extradition?
International extradition – is one of the forms of international cooperation to combat transnational crime. Essentially, it’s the extradition of a person from one country to another for prosecution or to serve a sentence.
For example, suppose someone is suspected of committing a crime on U.S. soil. They are then placed on international wanted lists. Eventually, the suspect is apprehended in Germany. U.S. law enforcement reaches out to their German counterparts requesting extradition. It then falls to the German authorities to decide whether or not to hand the person over.
The rules and procedures for extradition between Germany and the United States are established by a bilateral treaty. This refers to the extradition treaty with the US, signed in Bonn in 1978. This agreement has had several amendments since then.
Additionally, the regulations regarding issuance are contained in such national acts as the Constitution of the Federal Republic of Germany and the Act on International Mutual Assistance in Criminal Matters.
The Extradition Process of German Citizens to the United States
In nearly every country around the world, there’s a rule – not to extradite its citizens to other nations. Germany also adheres to this principle. It is enshrined in the German Constitution at Article 16.
This regulation clearly states: a German citizen cannot be extradited to a foreign country. An exception could be a request for extradition from a country that is part of the EU. But even then, certain rules must be followed.
Additionally, the provision regarding the non-extradition of its citizens is outlined in Article 7 of the bilateral treaty concerning extradition to the US. Neither Germany nor America is obligated to extradite their citizens to each other.
Therefore, if you are a citizen of Germany and the USA requests your extradition from Germany, such a request will most likely be denied. At the very least, you will have a strong argument to appeal against such a request.
The Extradition Process for Foreign Nationals to the USA
Yes, citizens of other countries in Germany do not enjoy the same immunity as Germans. Therefore, they potentially face extradition.
Everything depends on the relations between countries and the specific case. Even if there is no extradition treaties, a country can achieve extradition through diplomatic channels.
The extradition process from Germany to the USA is possible under the following conditions:
- An offense for which a person is suspected or accused is considered a crime under German laws.
- In German legislation, this offense carries a penalty of imprisonment for a term of not less than 1 year.
- If a person is to be extradited for the purpose of serving a sentence, then the sanction must involve imprisonment. Moreover, the unserved portion of the sentence must be at least 4 months.
Additionally, extradition to the US is not permitted if its purpose is to charge someone with a political crime or a military duty violation. It’s also not allowed if the request is associated with persecution due to:
- races;
- nationalities;
- religions;
- political views;
- social belonging.
Another important point is concurrent jurisdiction. If a crime falls under German jurisdiction, extradition is not permitted in such cases:
- The German court has already issued a verdict or another decision on this case.
- A German court or another authority has refused to open a case or bring public charges, and has closed the proceedings.
- Under German law, there is a statute of limitations for prosecuting or carrying out a sentence for this crime.
And finally, extradition from Germany to the US is impossible if, under US laws, the person faces the death penalty. German authorities can only extradite someone on the condition that such a punishment will not be carried out. For this, the US or any other country requesting extradition must provide guarantees.
All of these are strong arguments against extradition. It’s important to fully present and substantiate them in court. An experienced international lawyer will find the necessary grounds, present them at the hearing, and protect you from unlawful extradition.
Legal Extradition Under German Law
The procedure for extradition to the US is documented in Germany’s Act on International Mutual Assistance in Criminal Matters. This act also establishes the procedural rights of individuals facing extradition.
How everything passes
- The United States is sending an extradition request to Germany and supplementing it with legal documents. This could be an arrest warrant or another official document that details the nature of the offense.
- If at this stage there are no obvious obstacles to future extradition, German authorities may decide to detain the individual and subsequently arrest them.
- The issue of temporary detention pending extradition is decided in a local court. Even at this stage, you can actively object to the arrest and extradition as a whole. It’s important to involve a qualified lawyer in the process as early as possible.
- And the final stage, where it’s decided – does Germany extradite to the US or not? This is determined by the higher regional court and the public prosecution office at the higher regional court.
Under the law, you are required to be present at the extradition hearing and must utilize the services of an attorney. The Federal Republic of Germany can provide you with a public defender free of charge. However, we recommend securing the support of lawyers who specialize in extradition cases. Our team will guarantee the protection of your rights.
Extradition Cases from Germany to the USA
One of the well-known extradition cases between the U.S. and Germany is related to the hijacking of an airplane in 1985. Two years later, one of the perpetrators, Mohammed Ali Hamadi, was arrested in Germany.
The American authorities requested extradition, but Germany refused. This was because the accused faced the death penalty in the U.S. According to the latest information, Hamadi still lives in Lebanon and is wanted by U.S. authorities.
The U.S. authorities have charged a Turkish citizen with conspiring to attack the computer network of financial service providers. The accused has been placed on international wanted lists and was found in Germany. The U.S. has requested extradition.
The lawyers demanded to deny the extradition because, in America, the individual faced an excessively severe punishment – 247.5 years of imprisonment. However, the U.S. authorities provided a legal analysis that highlighted the defendant’s opportunities to reduce their sentence. As a result, Germany granted the extradition request.
How to Remove a Red Notice?
An Interpol Red Notice often becomes a precursor to extradition to the US. This designation means that the individual is wanted internationally and should be detained for extradition. Such a signal is received by all countries that are members of Interpol.
Therefore, it’s important to remove the red notice in a timely manner. This significantly reduces the risks of extradition. There are 3 ways to appeal a red notice:
- Reach out to the country that initiated the search. You need to submit a well-reasoned petition requesting the removal of your data from the Interpol database.
- Submit a similar request to the law enforcement agencies of the country where you currently reside;
- Reach out to the Interpol Commission for the Control of Files (CCF) with a request to delete information about you.
To avoid extradition from Germany to the US, we recommend using all three methods. But the last one is the most reliable.
To implement it, you need to prepare a written request following all of Interpol’s rules. It’s important to find and confirm the grounds for removing the red notice. This could include the following:
- International search is related to persecution on political, racial, and religious grounds.
- The red card violates the Convention for the Protection of Human Rights and Fundamental Freedoms.
- The crime you are being charged with does not meet Interpol’s criteria.
Preparing such a request should be entrusted to an experienced attorney. Our specialists work not only with Interpol but also within the jurisdictions of various countries. Therefore, we have enough tools in our arsenal to protect you from international search and extradition.
How Can Our Interpol Lawyers Help You?
We are a team of international lawyers specializing in extradition cases to the US and beyond. For over 20 years, we have been defending clients against unfair prosecutions and abuses of Interpol’s mechanisms.
Why you should trust us with caring for your rights and interests:
- Experience and knowledge of nuances in the legislation of different countries allow us to build effective defense in any jurisdiction.
- Thanks to constant practice, we quickly find and effectively argue the grounds for denying extradition.
- We leverage all the possibilities of national legislation, international treaties, and conventions to protect your rights 100%.
Need a consultation and assistance from a lawyer with extradition from Germany to the US? Request a call on this site, and we will get in touch with you shortly.
Extradition is an important tool of international law that enables countries to cooperate in the criminal prosecution of accused or convicted individuals. Extradition procedure In Thailand, utmost attention is required as it can bring significant changes to a person’s life. A red notice from Interpol has been issued in your name, requesting extradition or international arrest warrant Seek help from an experienced Interpol lawyer as soon as possible.
Our company specializing in extradition matters in Thailand will help you navigate the laws of the Kingdom, ensuring fair and accurate representation of your interests in court. Contact us right now to receive comprehensive assistance with extradition issues in Thailand.
Extradition Law in Thailand
The primary legislative act governing extradition matters in Thailand is the Extradition Act of 1929, with subsequent amendments. It sets forth the conditions and procedures under which Thailand may extradite or accept individuals for extradition.
Main Principles of Extradition in Thailand:
- Dual criminality principle;
- Statute of limitations;
- Non-political nature of the crimes;
- Human rights guarantee;
- Double jeopardy (Ne bis in idem);
- The principle of a fair trial.
Additionally, the Kingdom is a participant in many international treaties and extradition agreements. Thailand actively participates in international efforts to combat crime, cooperating with Interpol and other international organizations. The country has extradition treaties with 15 states.
According to the Thai Extradition Act B.E. 2551, the following crimes are subject to extradition:
- Drug trafficking, production, and distribution of narcotics;
- Participation in terrorist acts;
- Financing of terrorism;
- Premeditated murder;
- Corruption;
- Large financial schemes;
- Money laundering;
- Human trafficking, forced labor, and sexual exploitation;
- Organized crime;
- Crimes against humanity;
- Cybercrimes.
Extradition may be denied if:
- The crime is politically motivated.
- There is a risk that the individual may be subjected to torture or persecution on the basis of race, religion, or nationality.
- The requested country cannot guarantee a fair trial.
- The statute of limitations for prosecution has expired in accordance with Thai law.
Thailand typically does not extradite its citizens. Instead, they may be held accountable under the laws of the Kingdom. Individuals who have been granted political asylum are not subject to extradition.
If the requesting country has the death penalty for a crime, Thailand may require guarantees that this punishment will not be applied.
Extradition Procedure in Thailand
To start, the requesting country must send an official request to the Ministry of Foreign Affairs of Thailand through diplomatic channels. The request should contain all the necessary information and documents that substantiate the grounds for extradition.
The Ministry of Foreign Affairs, in collaboration with the Attorney General’s Office of Thailand, is conducting a preliminary assessment of a request for compliance with the country’s laws and international obligations.
If the request meets the requirements, the Attorney General’s office submits a petition to the competent court. The judicial body reviews the evidence, hears the parties, evaluates the legality and justification of the extradition, and then makes a decision on whether or not the person can be extradited.
If the court decides in favor of extradition, the final verdict is issued by the Minister of Justice of Thailand. They have the right to deny extradition, even if the court has approved it. After the final decision is made, law enforcement agencies will arrange for the transfer of the individual to representatives of the requesting country.
Countries that do not have extradition treaties with Thailand
As of 2024, Thailand has signed extradition treaties with 15 countries: the USA, the United Kingdom, Belgium, Canada, the Republic of China, South Korea, Indonesia, the Philippines, Malaysia, Cambodia, Laos, Bangladesh, Fiji, Australia, and Hungary.
Therefore, the list of countries with which there are no extradition agreements is quite extensive.
Among these countries, the following should be highlighted:
- Russia
- Germany;
- France;
- Spain;
- Mexico;
- Austria;
- Singapore;
- China;
- Saudi Arabia
- United Arab Emirates
- Cuba;
- Vietnam;
- Iran;
- North Korea
- Belarus;
- Kazakhstan.
But even in the absence of an extradition treaty, Thailand can accept requests for the transfer of a suspect or accused person. Then, each specific case will be considered on a special basis individually.
What is an Interpol Red Notice?
A Red Notice is an official request by Interpol sent to law enforcement agencies worldwide to locate and provisionally detain individuals wanted for committing crimes. Legally, a Red Notice is not an arrest warrant. It’s a tool for alerting that a specific individual is sought after and may be subject to extradition.
A red notice does not obligate member countries to detain the person being sought. The decision is made based on the national legislation and international obligations of each country.
Having a red notice does not guarantee extradition. The extradition process is a separate legal procedure that requires adherence to relevant treaties and laws.
The impact of the red notification
- Restrictions on freedom of movement, detention at border crossings, and denial of visa applications;
- Freezing of bank accounts and financial assets;
- Negative impact on personal and business reputation.
The Red Notice contains the following information about the wanted person
- Personal information: full name, date and place of birth, nationality, as well as any known aliases or alternative names;
- Photograph and biometric data: photos of the suspect, fingerprints, or other biometric data for identification;
- Details of the charges: what crime or crimes the suspect is accused of, what charges have been brought, and in which country;
- Legal information: the status of legal proceedings, information about court orders or arrest warrants issued by national authorities.
How does a red notice work?
Law enforcement agencies submit a request to their national central bureau (NCB) of Interpol. The request must contain detailed information about the person sought, a description of the crime, and relevant legal documents, such as an arrest warrant.
The General Secretariat of Interpol checks requests for compliance with the organization’s rules and norms, including adherence to human rights and the absence of political motivation. After approval, the notice is distributed among all member countries through Interpol’s secure communication system.
Law enforcement agencies in each country decide what actions to take based on their national legislation. Possible actions include determining the whereabouts of a person, detaining them, and notifying the requesting country.
Removing Red Notifications in Thailand
You need to submit a request to the Commission for the Control of INTERPOL’s Files (CCF). This commission reviews complaints about the misuse of Red Notices and makes decisions on their removal. To do this, you must provide documentary evidence proving the illegitimacy of the Red Notice.
A notice can be removed if it violates Interpol’s rules or has a political motive. It’s also possible to reference human rights violations, such as the risk of an unfair trial, torture, or political persecution.
An experienced attorney can assist with formulating arguments, presenting evidence, and preparing a statement for the CCF. International law experts can develop a strategy that may increase the chances of getting a notice removed. The lawyer will also help determine what legal actions are available in the Kingdom to minimize the impact of a red notice. The specialist will represent the client’s interests in court if it becomes necessary to protect them from potential arrest or extradition.
Legal Consultation on Extradition Issues in Thailand
Working with an experienced extradition lawyer in Thailand significantly increases your chances of successfully resolving your case. Our international law attorneys have extensive experience in extradition-related matters and can offer:
- A comprehensive approach to each case, starting from evaluating the validity of the request and ending with representation in court;
- In-depth knowledge of international norms and Thai legislation, which enables the development of effective defense strategies;
- Networking with international organizations, which is especially important in matters involving political motives and human rights.
An experienced lawyer will assess the legality of the extradition request and its compliance with Thai law. They will develop a defense strategy and gather all possible evidence to support your case. The attorney will represent your interests in court, prepare arguments against extradition, and challenge the legality of the request based on political motives, human rights threats, or other factors.
If you need professional legal assistance with extradition matters in Thailand, please contact us. We’ll help you navigate the intricacies of your case, develop an effective defense, and provide expert support throughout the process.
