HomeExtradition Between Germany and the USA
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.
