Defense against European and International Criminal Measures: European Arrest Warrant (EAW), Extradition Requests, INTERPOL Red Notice
Law enforcement does not stop at national borders. Law enforcement agencies collaborate worldwide on the basis of numerous bilateral and multilateral agreements. Investigations increasingly involve allegations with European and international connections. As a result, arrest warrants are executed across borders, and data is exchanged globally through the use of modern information infrastructure. Those confronted with requests from European and international authorities often find themselves facing a complex legal situation that intertwines national criminal and constitutional law, European law, and international law.
The attorneys at Galen Lawyers defend clients nationwide against criminal proceedings by German, European, and international authorities, covering everything from initial investigations up to arrest warrants. We collaborate with a network of international colleagues that we have cultivated over many years. We also specialize in fighting extradition requests and INTERPOL measures (e.g. a Red Notice).
What is meant by International Legal Assistance and Extradition?
International legal assistance in criminal matters refers to judicial or administrative support for criminal proceedings abroad. This can involve either Germany requesting legal assistance itself or receiving a request from another country.
Extradition law is an example of international legal assistance. Extradition means the compulsory transfer of a suspect or convicted person to another jurisdiction for prosecution or the enforcement of a sentence. In Germany, the legal basis is primarily the Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen – IRG), which also regulates the transfer of individuals within the European Union based on a European Arrest Warrant. In addition, numerous bilateral and multilateral agreements exist, such as the European Convention on Extradition or the Agreement on extradition between the EU and the USA.
The IRG provides for other forms of international legal assistance. Examples include:
- the questioning of witnesses or suspects abroad,
- the seizure of evidence located abroad, and
- the provision of information by foreign authorities.
Extradition requests from third countries – requirements and limitations to extradition
Requests from non-EU countries undergo a comprehensive review. First, the Higher Regional Court (OLG) examines whether extradition is legally admissible under the Act on International Mutual Assistance in Criminal Matters (IRG). Then, a decision on whether to actually grant extradition is made (generally) by the Federal Government, exercising its discretion in foreign policy. The Federal Government specifically determines whether an obligation to surrender the individual exists under international law.
When considering an extradition request, the Higher Regional Court examines whether the legal requirements are being met and identifies any obstacles to extradition. While the court does not review the legality of the foreign decision, it does assess the plausibility of the allegations of an extraditable offense.
Extradition requires a formal request from another state. This request must relate to a criminal offense that is punishable under both the law of the requesting state and German law (principle of dual criminality). In most cases, the anticipated penalty must also surpass a certain sentencing threshold.
In addition, the Court reviews obstacles to extradition. In practice, this may involve the following:
- the threat of the death penalty or other excessively harsh sanctions without sufficient assurances,
- the risk of inhumane treatment in criminal proceedings or detention,
- political persecution or a predominantly political nature of the proceedings,
- a lack of basic guarantees of a fair trial, such as in the case of a conviction in absentia with no adequate avenues for retrial,
- procedural restrictions, such as the principle of specialty,
- the prohibition of double jeopardy (ne bis in idem) or the expiration of the statute of limitations.
Applicable objections can only be determined based on the circumstances of the individual case, the available evidence, and current case law.
Extradition Requests within the EU
Within the EU, extradition requests are typically made by issuing a European Arrest Warrant (EAW).
This process is based on Framework Decision 2002/584/JHA, which implements the principle of mutual recognition of criminal judgments from other member states.
The Higher Regional Court (OLG) also examines the admissibility of extradition in cases originating from an EU member state. However, there are some limitations to this review: In EU proceedings, the examination of the principle of dual criminality is waived for certain categories of offenses (see Section 81 No. 4 IRG).
The Federal Governments review is also limited in EU proceedings. Refusal of authorization is only possible under limited circumstances.
What is the Procedure for an Extradition Case before the Higher Regional Court?
Often, the proceedings begin with an arrest based on a cross-border search. This requires a European Arrest Warrant, a foreign arrest request via INTERPOL (Red Notice), or an alert in the Schengen Information System (SIS). Unlike in the case of a European Arrest Warrant or a search via the SIS, requests via INTERPOL does not obligate a country to search for and arrest the suspect.
Upon receiving an extradition request, the competent Higher Regional Court decides on the admissibility of the extradition. The Attorney General’s Office conducts the proceedings and, if necessary, applies for extradition custody.
Extradition custody is a possibility, if grounds for detention apply, such as a flight risk. Furthermore, the extradition itself cannot be evidently inadmissible. Individuals affected by extradition custody have the right to be heard on the matter and are entitled to legal representation.
Deleting an INTERPOL Red Notice – Defense against International Manhunts
A Red Notice is a request from INTERPOL for the search and arrest of a suspect based on a national arrest warrant. Before issuing a Red Notice, Interpol essentially only checks whether a serious, common crime has been committed and whether the request is of interest to international police cooperation. In Germany, the Federal Criminal Police Office (BKA), acting as the National Central Bureau (NCB), is responsible for implementing the notice. Travelers to countries that enforce a Red Notice against them risk arrest and – at least until the admissibility of extradition is clarified – detention pending extradition.
In the event of an INTERPOL Red Notice, we provide counsel not only after an arrest. We can find out from the BKA whether a Red Notice has been implemented in and advice on how to remove an INTERPOL Red Notice.
To have a Red Notice removed, it must be examined whether the alert complies with the rules of INTERPOL’s statutes (in particular Article 3 of the INTERPOL Constitution). The statutes allow for removal in the case of politically motivated proceedings or proceedings that violate fundamental principles. The decision lies with the Commission for the Control of INTERPOL’s Files (CCF) is responsible for this.
Defense in Extradition Proceedings – Your Legal Advice and Representation by Galen Lawyers
Extradition proceedings require immediate legal representation. Our lawyers will promptly review the case file, examine the formal and substantive requirements for extradition, and analyze any obstacles that may prevent an extradition.
The question of whether extradition from Germany can be prevented always depends on the circumstances of the specific case. We develop a defense strategy tailored to each individual case and coordinate defense measures in other countries through our international network. The goal is to fully protect your rights and minimize the impact of the proceedings on your personal and professional life. As soon as you become aware of an investigation, defense measures should be initiated. Acting early significantly increases the options for your defense.
FAQ – Frequently Asked Questions about International Legal Assistance and Extradition Law
Germany generally extradites to EU member states based on a European Arrest Warrant. Furthermore, extradition treaties exist with numerous countries worldwide, particularly on the basis of multilateral agreements. Bilateral extradition treaties also exist with third countries such as the United States of America (USA). However, each case is to be assessed individually.
For example, extradition may be excluded if the requesting state does not uphold minimum standards under the rule of law are not guaranteed in the requesting state or if there is a concrete risk of the death penalty. Extradition may also be refused in cases of political persecution or human rights violations in detention. A case-by-case examination is always required, considering the current political situation and the person’s individual circumstances.
The European Arrest Warrant is a simplified extradition procedure between EU member states. It replaces the traditional extradition procedure and is based on the principle of mutual recognition between member states.
Yes. The admissibility of the extradition is reviewed by a Higher Regional Court. Objections to the extradition can be raised within this process.
A Red Notice is a request to law enforcement in countries worldwide to search and arrest an individual. The Red Notice is issued by INTERPOL, following a request from an INTERPOL member state. A Red Notice is not a legally binding international arrest warrant and does not create an immediate obligation for other countries to arrest a person. However, in countries that have implemented the Red Notice nationally, it can serve as grounds for a provisional arrest and the initiation of extradition proceedings.
The duration depends on the individual case. Proceedings within the EU are often faster than those involving third countries. Complex legal issues can prolong the process.
German citizens are generally not extradited to countries outside the EU. Within the EU, extradition of German citizens is possible under certain conditions.
As soon as you become aware of an investigation, whether domestic or foreign, you should seek legal counsel immediately. It is crucial to determine whether, in addition to a defense in the investigating state, action should also be taken against cross-border criminal measures (such as requests for arrest and extradition or other requests for legal assistance). Acting promptly is essential for the further course of the proceedings.