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 cooperate 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 technologies. Anyone confronted with requests from European and international authorities often finds themselves facing a complex legal situation that intertwines national criminal and constitutional law, European law, and international law.
The lawyers at Galen Rechtsanwälte defend defendants nationwide against criminal proceedings – from initial investigations to arrest warrants – by German, European, and international authorities. We collaborate with a network of colleagues abroad that we have built up over many years. We also specifically challenge extradition requests and Interpol measures (e.g., a Red Notice).
What do international legal assistance and extradition mean?
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 abroad.
Extradition law is part of international legal assistance. Extradition means the compulsory transfer of a suspect or convicted person to another state for prosecution or the enforcement of a sentence. In Germany, the legal basis is primarily the Act on International Mutual Assistance in Criminal Matters (IRG), which also regulates surrender 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 extradition agreement between the EU and the USA.
Other forms of international legal assistance are also regulated in the IRG. Examples of other forms of legal assistance include:
- the questioning of witnesses or suspects abroad,
- the seizure of evidence located abroad or
- the provision of information by foreign authorities.
Extradition requests from third countries – criteria for review and obstacles to extradition
Requests from non-EU countries undergo a comprehensive admissibility review. The Higher Regional Court examines the legal admissibility of extradition under the Act on International Mutual Assistance in Criminal Matters (IRG). Furthermore, a decision on whether to grant extradition is made, which is generally the responsibility of the Federal Government. As part of this decision, the Federal Government, exercising its discretion in foreign policy, specifically examines whether an obligation to provide extradition exists under international law.
In extradition proceedings, the Higher Regional Court examines whether the legal requirements for extradition are met and whether any obstacles to extradition exist. Furthermore, the Higher Regional Court does not, in principle, review the legality of the foreign decision, but only whether the commission of an extraditable offense has been plausibly alleged.
Extradition generally 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 (the so-called principle of dual criminality). Furthermore, a certain minimum sentence must typically be reached.
Extradition obstacles are also examined as part of the admissibility review under the German Act on International Legal Assistance in Criminal Matters (IRG). In practice, this can involve the following points:
- The threat of the death penalty or other excessively harsh sanctions without sufficient assurances.
- inhumane treatment in criminal proceedings or detention
- Political persecution or a predominantly political nature of the proceedings
- Specific human rights risks such as inhuman or degrading detention conditions
- Lack of minimum guarantees of a fair trial, such as can be the case with a conviction in absentia if there are no sufficient opportunities for a 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.
Which objections are valid depends on the circumstances of the individual case, the evidence, and current case law.
Extradition requests within the EU
Extradition requests within the EU are regularly made by issuing a European Arrest Warrant. This is based on Framework Decision 2002/584/JHA and implements the principle of mutual recognition of criminal judgments. The Higher Regional Court (OLG) also examines the admissibility of extradition in cases originating from an EU member state, albeit with some limitations. In EU proceedings, the examination of the principle of dual criminality is waived for certain categories of offenses (see Section 81 No. 4 of the German Act on International Legal Assistance in Criminal Matters (IRG)).
Unlike extradition proceedings with third countries, there is no longer a comprehensive political decision regarding authorization. Refusal of authorization is only possible under limited circumstances.
How does an extradition procedure proceed before the Higher Regional Court?
The process often begins with an arrest based on a cross-border search. This requires a European Arrest Warrant, a foreign arrest request via Interpol, or an alert in the Schengen Information System (SIS). Unlike the issuance of a European Arrest Warrant or a search via the SIS, however, requests via Interpol do not obligate the receiving state to search for and arrest the suspect.
Upon receipt of 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. However, extradition custody requires that grounds for detention exist, such as risk of flight, and that the extradition is not inadmissible from the outset. Those affected have the right to be heard and to legal representation.
Deleting an Interpol Red Notice – Defense against international manhunts
An Interpol Red Notice (also known as a "Red Notice" in German) 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, joint 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 have implemented the Red Notice risk arrest and – at least until the admissibility of extradition is clarified – detention pending extradition.
Here, we provide advice not only after an arrest, but also in advance, for example to obtain the deletion of an Interpol Red Notice or to find out from the BKA whether a Red Notice has been implemented in Germany.
As part of a request to have a Red Notice removed, it must be verified whether the alert complies with the rules of Interpol's statutes (in particular Article 3 of the Interpol Constitution). Politically motivated proceedings or violations of fundamental procedural principles can lead to the removal of the Red Notice – 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 potential obstacles to 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 abroad 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. Defense measures should be initiated as soon as you become aware of an investigation or a warrant for your arrest. Acting early significantly increases your options for defense.
Germany generally extradites to EU member states based on a European Arrest Warrant. Furthermore, extradition treaties exist with numerous countries worldwide, particularly due to multilateral agreements. Bilateral extradition treaties also exist with third countries such as the United States of America (USA). However, the decisive factor is always the individual assessment of each case.
Extradition may be inadmissible, for example, if basic minimum standards of the rule of law are not guaranteed in the requesting state or if the death penalty is a possibility. Extradition may also be refused in cases of political persecution or human rights violations in detention. A case-by-case examination is always required, taking into account the current political situation and the individual circumstances of the person concerned.
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 trust between judicial systems.
Yes. The admissibility of the extradition is reviewed by a Higher Regional Court. Objections to the extradition can be raised within this process.
If the Higher Regional Court's extradition decision violates fundamental rights, it must be examined whether a constitutional complaint can be filed. A violation of fundamental rights may occur, for example, if extradition poses a threat to the life and limb/physical integrity of the person concerned, or if a fair trial is not guaranteed in the state to which extradition is sought. In order to prevent extradition, an urgent application must also be filed with the Federal Constitutional Court.
A Red Notice is a request issued by Interpol for an international search and arrest warrant. This request is based on 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 to arrest. However, in countries that have implemented it 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 (requests for arrest and extradition, other requests for legal assistance). Acting promptly is essential for the further course of the proceedings.