Extradition in Saudi Arabia
The justice system of Saudi Arabia is based on Sharia law, which significantly distinguishes it from Western practices. This creates substantial risks for individuals facing extradition to the Kingdom: from the possible application of harsh punishments to insufficient guarantees of a fair trial and even the death penalty. If you or your loved ones find yourselves in such a situation, it is crucial to secure legal support from experienced attorneys as quickly as possible.
Our company is ready to provide comprehensive legal support. We will conduct a case analysis, prepare a legal position for court proceedings, involve independent experts if necessary, file appeals and cassations to higher authorities, and also challenge a Red Notice. We guarantee complete information security and the protection of your interests at every stage of the process.
Legal framework for extradition in Saudi Arabia
In Saudi Arabia (KSA) international extradition has a specific nature: on one hand, the procedure formally relies on the norms of Sharia and local legislation, on the other — takes into account international treaties and obligations of the Kingdom. Below we will examine the main laws, agreements, and practices that form the legal basis for extradition in Saudi Arabia.
The Constitution of KSA is essentially a collection of laws and norms based on the Quran and Sunnah (the so-called “Basic Law of Governance”). When deciding on extradition, religious and social factors may be taken into account to avoid contradicting the foundations of Islamic law.
In Saudi Arabia, there is no unified “Extradition Law” in the Western sense; instead, royal decrees and resolutions of the Council of Ministers are in effect, regulating specific aspects of extradition. The Council of Ministers has the authority to make decisions on particular extradition cases, especially if there is no direct agreement with the requesting state.
Saudi Arabia is gradually signing bilateral agreements with various countries. Nevertheless, the list of such agreements is limited, and the texts are confidential.
The Arab Convention on the Suppression of Terrorism (1998) and other documents of the League of Arab States establish mechanisms for the mutual extradition of individuals suspected of terrorist activities. The Arab Convention on Judicial Cooperation (Riyadh Convention) is also in effect, regulating aspects of extradition, the transfer of convicted persons, and the provision of legal assistance.
The request for extradition is submitted through diplomatic channels—usually via the Ministry of Foreign Affairs of KSA or the representation of Saudi Arabia abroad. The document package must include an arrest warrant or a sentence, case materials, and a description of the crime. If there is no direct agreement, the decision is made at the level of higher authorities.
The Ministry of Interior (MOI) or another authorized body checks whether the request contradicts Sharia, violates national security interests, etc. If necessary, the matter is referred to a judicial authority, but legal proceedings in extradition cases in KSA differ significantly from international standards.
Extradition Challenges in Saudi Arabia
Saudi Arabia is known for its legal system based on Sharia norms and severe punishments for a number of crimes. This raises many questions: from the application of the death penalty and restrictions in judicial procedures to the risks of politically motivated persecution.
Saudi Arabia is among the leading countries in the number of executions carried out.
Among crimes punishable by the death penalty are not only murders but also those related to drug trafficking, “apostasy” (renunciation of religion), “sorcery,” “adultery,” and other acts. Often, the accused do not have sufficient access to defense or a substantive appeals process, and court decisions are made quickly, relying on witness testimony and interpretations of Sharia law.
The judicial system of KSA does not always ensure proper publicity and transparency of proceedings. Human rights advocates point to instances of detentions without formal charges, limited access to a lawyer, torture, and coercion into confessions.
Some individuals who are undesirable to the authorities or oppose the existing regime may be accused of “subversive activities,” “terrorism,” and so on. Non-compliance with Sharia laws (“blasphemy” and “witchcraft”), for which criminal prosecution is not provided in other countries, can lead to harsh sentences.
In KSA, there is no unified “Extradition Law” in the classical sense. Decisions are based on a combination of Sharia, royal decrees, and government orders, which provides significant discretion to state authorities.
The right to appeal theoretically exists, however, in practice, the process is closed, and the time frame for consideration and the criteria for reviewing the verdict are unclear. Access to independent lawyers is limited, especially when it comes to cases of state security or suspects of terrorism.
Instead of formal extradition, deportations can be applied if a person violates immigration rules in the host country. This simplifies the procedure of transferring the individual to Riyadh, bypassing legal disputes.
In Saudi Arabia, human rights and civil liberties are often violated. Detainees may be subjected to torture, cruel treatment, and unfair trials. This is especially true for political prisoners and those accused of crimes against the state. The lack of transparency and independence in the judicial system exacerbates the situation, making extradition to this country extremely risky. Another issue is the restriction of freedom of speech, freedom of religion, and women’s rights, which can negatively affect extradited individuals.
Extradition between Saudi Arabia and Germany
In Germany, the issue of extradition is regulated by the Gesetz über die internationale Rechtshilfe in Strafsachen (IRG) – “Law on International Legal Assistance in Criminal Matters.” It establishes:
- General principles and grounds for extradition: requirements of double criminality, absence of risk of the death penalty or inhuman treatment;
- The procedure for judicial review of the extradition issue: who exactly makes the decision, what rights the suspect has;
- Restrictions for German citizens: Germany usually does not extradite its citizens, but there are exceptions within the framework of European agreements (however, Saudi Arabia is not a participant in them).
Thus, IRG is the main source determining whether Germany will extradite a person to Saudi Arabia and how exactly the request should be prepared and reviewed.
As a general rule, Germany does not extradite its citizens to states outside the EU. If the wanted person is a foreigner located on German territory, the issue of extradition is considered in accordance with IRG. The court and the Federal Ministry of Justice (Bundesministerium der Justiz) take into account the existence of agreements with KSA (direct or multilateral).
The request from Saudi Arabia for the extradition of a person is sent through diplomatic channels or to the Federal Foreign Office of Germany. The accompanying documents must include an arrest warrant/conviction, a statement of facts confirming criminal liability, and compliance with the principles of dual criminality.
If the suspect is in Germany, the prosecutor or judge may initiate a temporary arrest for up to 40 days (with the possibility of extension) to prevent escape during the review of the request.
The Ministry of Justice and the General Prosecutor’s Office evaluate the formal aspects: the correctness of the documents, compliance with IRG, the presence or absence of political motives, etc. Then the materials are transferred to the Supreme Regional Prosecutor’s Office at the location of the suspect, and ultimately the case may reach the highest regional court, which considers the admissibility of extradition.
At the court hearing, the legality of the request and the identification of the person are verified. The court issues a ruling on the “admissibility of extradition” or “inadmissibility” (Abschiebungsverbot).
In the case of a positive decision, the final word rests with the Federal Ministry of Justice or the Ministry of Foreign Affairs, which make the decision taking into account diplomatic aspects. Upon approval of the extradition within the established time frame, the date and procedure for transferring the individual to representatives of Saudi Arabia are agreed upon.
Schedule a consultation with our extradition lawyers.
Our team has extensive experience working with extradition cases in Middle Eastern countries, and knows their legal and diplomatic specifics.
We collaborate with experts in Sharia law, certified Arabists, and local attorneys in Saudi Arabia. We guarantee information protection and a prompt response, which is especially important in extradition requests where there is a risk of sudden arrest and detention.
If you are facing the threat of extradition to Saudi Arabia, do not waste time: any mistake could result in prolonged imprisonment and even a threat to your life.
Contact us right now to receive qualified consultation and develop an effective strategy to protect your interests. We will take care of all legal aspects and negotiations, ensuring the maximum possible safety and compliance with your rights at all stages of the extradition process.
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