Extradition in Cyprus
Since the formation of the Constitution of the Republic of Cyprus, the country has adhered to European standards regarding the extradition of convicted persons. Extradition is a legal action for identifying and transferring a person suspected of committing a criminal offense from one jurisdiction to another based on existing legal agreements.
Are you facing extradition to Cyprus or have you discovered that you are wanted? Don’t risk your freedom and reputation — contact our experienced attorneys. We specialize in cases involving Cypriot authorities and are well-versed in the nuances of local legislation. Our team will assess the legality of the charges, challenge the Red Notice, and develop an effective defense strategy based on the client’s personal circumstances.
What is extradition?
International extradition – this is a legal procedure in which one state transfers a wanted person to another state for criminal prosecution or execution of a court sentence. Extradition is carried out based on bilateral or multilateral international treaties, as well as the national legislation of the country receiving the request.
The main goal of extradition is to ensure international cooperation in combating crime, eliminating the possibility for accused or convicted individuals to evade justice by fleeing abroad. This legal mechanism allows countries to pursue criminals hiding in other jurisdictions and prevents the use of borders as a means to avoid criminal prosecution.
Extradition is possible only if the crime is punishable in both countries – in the requesting state and in the country to which the request is sent. This prevents the possibility of extradition for acts that are not considered crimes in the receiving country.
Moreover, a person cannot be extradited if they have already been convicted or acquitted for the same crime in the country of residence (principle of Non bis in idem).
Extradition is prohibited if the case has a political nature (oppositional activity, persecution for political reasons). The state may refuse extradition if there is a risk of the death penalty, torture, inhuman treatment, or unfair trial in the requesting country.
Waiver of extradition – this is a voluntary waiver by a person of the right to an extradition hearing. In this case, a person arrested at the request of another country agrees to extradition without undergoing the official judicial process of contesting it. Unlike the standard extradition procedure, which can take months or even years, waiving the judicial process significantly shortens the extradition timeline.
If you or your loved ones are facing the issue of extradition, professional legal defense plays a crucial role. We offer expert legal consultations, contesting extradition in court, as well as full protection of the suspect’s rights.
The European Union includes Cyprus as a member state
Cyprus became a member of the European Union back in 2004, and since then, the unified EU legislative framework, including the European Arrest Warrant, began to be implemented in the republic.
The European Arrest Warrant is a simplified mechanism that provides law enforcement agencies of EU member states the ability to quickly detain and transfer individuals suspected or convicted of serious crimes to other countries. There is no need for lengthy diplomatic negotiations; it is sufficient to meet the formal criteria of the EAW.
The judicial authorities of Cyprus are obliged to recognize an EAW from other EU member states (provided that the warrant is properly issued and does not violate legal principles). If a person is located on the territory of Cyprus and an EAW has been issued against them, the national police can immediately detain the person with a subsequent review of the warrant’s validity.
All EU states adopted the Framework Decision 2002/584/JHA, on the basis of which the EAW operates. This means that Cypriot courts, when considering an EAW, are guided by pan-European principles rather than only bilateral agreements, as was previously the case.
The diplomatic procedure associated with possible political interests is now almost not addressed: the decision to execute the EAW is made by the judiciary, not the executive (government).
The maximum time limits for reviewing a warrant in EU courts are quite short (up to 60 days after arrest, unless exceptional circumstances arise). An EAW can only be rejected on a limited number of grounds.
The procedure for executing an EAW in Cyprus is also as simple as possible. A court in one of the EU states issues an EAW against a suspect or convicted person. Information about this warrant is sent to Cyprus (through the Schengen Information System (SIS) or via Interpol).
If a person is on the territory of Cyprus, upon receiving information about the presence of an EAW, the local police detain them. At this stage, the individual is informed of the reasons for their detention and has the right to an attorney.
The Cypriot court examines the formal grounds for extradition: the correctness of documentation, the presence of a criminal offense, whether the statute of limitations has expired, whether there are restrictions based on the principle of non bis in idem, etc. In most cases, the court approves extradition.
After the court’s approval, the individual is handed over to the law enforcement authorities of the requesting country. The transfer must take place within 10 days after the final decision is made.
The Process of Extradition in Cyprus
When it comes to extradition to states that are not members of the EU, the process is carried out according to the classic scheme — based on bilateral agreements, multilateral conventions, or through diplomatic channels.
The request is submitted to the competent authorities of Cyprus (the Ministry of Justice or the Prosecutor’s Office) either directly or through diplomatic representations. The requesting country must provide:
- Arrest warrant or sentence (if it concerns the execution of punishment);
- Description of facts and evidence supporting the accusation;
- Indication of compliance with the principle of double criminality;
- Guarantees of human rights observance and the absence of political motivation.
If there is a risk of the suspect fleeing, Cypriot authorities may initiate preliminary detention of the individual until the official review of the request. The duration of such temporary detention is limited (no more than 40-60 days, depending on internal laws) to give the requesting country time to submit a complete set of documents.
The detainee is brought to court, where the grounds for arrest and the content of the request are explained to them. It is verified whether the extradition contradicts the provisions of Cyprus’s domestic laws or violates international norms. The suspect or convicted person has the right to an attorney. The defense may challenge the relevance of the evidence presented, point out potential human rights violations, or inconsistency with the principle of non bis in idem.
After reviewing all the documents, the defense arguments, and the prosecution’s position, the court issues a decision on the admissibility (or inadmissibility) of extradition. If the decision is positive, the Cypriot court formally approves the possibility of extradition.
As a rule, both parties have the right to appeal. If higher authorities confirm the decision on extradition, it becomes final. If extradition is approved, the date and procedure for transfer are agreed upon. Usually, law enforcement officers from the requesting country fly to Cyprus, take custody of the suspect, and escort them back.
Timely legal support is the key to competent protection of the suspect’s rights. Attorneys will help challenge unlawful detention, comply with all procedural deadlines, and present evidence in court. With a sufficient level of argumentation and the right strategy, it is possible to protect a client from unfounded or politically motivated extradition in Cyprus.
Grounds on which Cyprus may refuse an extradition request
An extradition request may be denied if it does not comply with national and international law.
Cyprus may refuse extradition if the act for which extradition is requested is not a criminal offense under Cypriot law. Also, a person cannot be extradited if they have already been convicted or acquitted for the same acts in Cyprus or another state.
Extradition is not permitted if a person is accused of a political crime. However, terrorism, war crimes, genocide, and crimes against humanity are not considered political, so extradition on these grounds is possible.
Cyprus may refuse extradition if there are grounds to believe that human rights will be violated in the requesting country (Article 3 of the European Convention on Human Rights). The request may be denied if there is a risk of the death penalty, torture, or inhuman treatment, or lack of a fair trial.
If, according to Cypriot legislation, the statute of limitations for the crime has expired, the request will be rejected. This applies to both criminal prosecution and the execution of punishment.
If the extradition of a citizen of Cyprus is requested by a country outside the EU, they may be tried in Cyprus instead of being extradited. Formal errors in documentation, incomplete evidence, or the absence of proper judicial decisions may also lead to the rejection of the request.
The Amendment to the Cyprus Constitution
Extradition in Cyprus has long been regulated by the provisions of national law and constitutional norms that have been in effect since the Republic gained independence. However, Cyprus’s accession to the European Union required aligning domestic legislation with its obligations to the EU, including extradition procedures.
In 2013, amendments were made to the Constitution of Cyprus allowing the extradition of Cypriot citizens to other countries, including outside the European Union, based either on an EAW or a bilateral treaty.
This amendment was necessary for Cyprus to fulfill its obligations as an EU member. It specifies that the basis for extradition detention is the European Arrest Warrant, eliminating the need for a local arrest warrant.
Countries with an extradition treaty with Cyprus
As a full member of the European Union and an active participant in international legal cooperation, Cyprus has signed and ratified a number of bilateral and multilateral extradition treaties. Each treaty outlines specific procedures and legal requirements, taking into account the particularities of the national legislations of the countries. In addition to EU countries, Cyprus has extradition agreements with the following states:
Extradition agreements specify the procedure and conditions for extradition, including a list of crimes, guarantees for the protection of the suspect’s rights, and the procedure for resolving disputes. The presence of a formal agreement reduces bureaucratic barriers, allowing requests to be reviewed and decisions to be made more quickly.
Extradition between Cyprus and the USA
One of the most notable examples of bilateral cooperation in the field of extradition is the treaty between Cyprus and the United States. It was signed in Washington on June 17, 1996. The agreement provides a legal basis for the mutual extradition of individuals suspected or convicted of criminal offenses punishable in both jurisdictions.
The provisions of the agreement state that the request must be accompanied by detailed documentation establishing a prima facie case against the requested person. If the request meets the established legal standards, the Cypriot authorities initiate an expedited extradition procedure.
However, Cyprus reserves the right to reject an extradition request under certain conditions, for example, if the requested person may be subjected to the death penalty or other forms of harsh treatment in the event of extradition.
Extradition between Cyprus and Germany
Since Germany is a member of the European Union, their relations in the field of extradition are regulated by the European Arrest Warrant. A warrant issued by a German court is recognized and executed by the court of Cyprus upon meeting formal criteria.
A German court issues an EAW regarding a person suspected or convicted of a crime. The warrant is transmitted through channels or directly to the authorities of Cyprus.
The local police detain a person based on information about the presence of an EAW. A court hearing is held to verify the validity of the warrant and compliance with basic rights.
Cyprus cannot refuse on political grounds; the basis for refusal can only be narrowly defined factors: an already rendered verdict (non bis in idem), insufficient seriousness of the offense, incompatibility with the principle of double criminality (relaxed for certain types of crimes), etc. After the final court approval, the person is transferred to Germany. The entire process takes significantly less time than traditional extradition.
Extradition cases from Cyprus
In 2020, 20-year-old Joshua Epifaniou became the first extradited citizen of Cyprus. In the United States, he was charged with conspiracy to commit wire fraud, wire fraud, conspiracy to commit computer fraud, identity theft, and extortion in the states of Georgia and Arizona.
Although at the time of the alleged crimes (2014-2016) Joshua was a minor and also suffers from Asperger’s syndrome, in 20217 the young man was arrested for a similar offense in Cyprus. Almost immediately after his release, he was arrested again based on a U.S. extradition request. Joshua spent 3 years in custody, after which he signed a Waiver of Extradition.
After the adoption of constitutional amendments allowing the extradition of Cypriot citizens, the Epiphaniou case became a precedent. Joshua’s lawyers argued that extradition was a violation of his human rights, and the acceptance of the extradition request was driven by satisfying the interests of the country’s ally.
Contact our extradition attorneys
Our extradition law firm offers a full range of services for the effective protection of your interests in the field of extradition.
First and foremost, our specialists will verify the grounds for extradition. We will determine whether there is an arrest warrant, an Interpol notice, or a request from a foreign state. We will assess the legitimacy of the charges presented, compliance with the principle of dual criminality, the presence of political motives, or other circumstances that may serve as grounds for refusal of extradition. We will identify potential risks: the risk of arrest, asset freezing, or travel restrictions.
Also included in the range of our services is the preparation of documents and court representation. We will draft reasoned motions, present evidence, and confirm the inconsistency of the request with the interests of justice. We will represent your position in courts of all instances in Cyprus, taking into account procedural deadlines and the specifics of the national legal system.
If the first instance issued an unfavorable decision, we will prepare appeals or cassation complaints. We will seek a review of the case based on newly discovered circumstances, procedural omissions, or the fact of political motivation behind the accusation.
Our lawyers possess deep knowledge of Cypriot, European, and international regulations, as well as expertise in extradition and human rights practices. We not only provide defense in courts but also, when necessary, interact with government authorities, embassies, Interpol, and international institutions. We strive to achieve the best possible outcome while considering the personal interests and goals of the client, maintaining complete confidentiality. Contact us right now for an initial consultation and clarification of available services. Our team will conduct a detailed analysis of your situation, prepare the necessary documentation, ensure effective representation in courts and international bodies. Our main goal is to preserve your freedom and protect your legal interests, using years of experience and knowledge of Cypriot and international legal systems.
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