DETENTION FOR EXTRADITION
Extradition and the Principle of Non-Inquiry
International extradition operates under the principle of non-inquiry, which means that states agree to surrender requested persons without analysing the underlying criminal case — that is, without assessing the evidence, determining guilt, or examining the merits of the prosecution. This principle creates a major risk for individuals subject to extradition in cases of unlawful prosecution or where the requesting state has violated fundamental human rights during criminal proceedings.
As a result, examining the political dimension of a case or identifying potential human rights violations in extradition proceedings is particularly complex and often requires creative and non-standard legal approaches.
International extradition operates under the principle of non-inquiry, which means that states agree to surrender requested persons without analysing the underlying criminal case — that is, without assessing the evidence, determining guilt, or examining the merits of the prosecution. This principle creates a major risk for individuals subject to extradition in cases of unlawful prosecution or where the requesting state has violated fundamental human rights during criminal proceedings.
As a result, examining the political dimension of a case or identifying potential human rights violations in extradition proceedings is particularly complex and often requires creative and non-standard legal approaches.
Extradition and INTERPOL Red Notices
In most cases, extradition issues arise when an INTERPOL Red Notice (or Red Diffusion) is in place. A Red Notice always includes a package of documents requesting arrest for the purpose of extradition, although the decision on the preventive measure remains within the competence of the requested state and does not necessarily involve deprivation of liberty. Approximately 90% of arrests occur at airports, and the preventive measure is determined within the following 48 hours. For this reason, choosing the right lawyer is not always immediately possible. However, this is not the key issue at the very beginning of the extradition process — the main part of the proceedings lies ahead.
In most cases, extradition issues arise when an INTERPOL Red Notice (or Red Diffusion) is in place. A Red Notice always includes a package of documents requesting arrest for the purpose of extradition, although the decision on the preventive measure remains within the competence of the requested state and does not necessarily involve deprivation of liberty. Approximately 90% of arrests occur at airports, and the preventive measure is determined within the following 48 hours. For this reason, choosing the right lawyer is not always immediately possible. However, this is not the key issue at the very beginning of the extradition process — the main part of the proceedings lies ahead.
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HOW DOES IT WORK
EXTRADITION
STAGES OF THE PROCEDURE
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ADMISSIBILITY OF EXTRADITION
EXCHANGE OF DOCUMENTS
The question of whether extradition is permissible is decided by the court. The court examines whether an extradition treaty exists, if required (as in the Netherlands), or whether extradition is possible without such a treaty (as in Spain), based on the principle of reciprocity.
The court also evaluates the security guarantees for the requested person, the history of cooperation between the states in previous extradition cases, and any past violations of assurances. It must further determine whether the extradition would breach other international obligations.
Extradition is prohibited where there are indications of political, religious, racial, or other forms of discriminatory persecution.
The court also evaluates the security guarantees for the requested person, the history of cooperation between the states in previous extradition cases, and any past violations of assurances. It must further determine whether the extradition would breach other international obligations.
Extradition is prohibited where there are indications of political, religious, racial, or other forms of discriminatory persecution.
INTERNATIONAL SUPERVISORY BODIES FOR THE REVIEW OF NATIONAL PROCEEDINGS
Decisions of national courts and executive authorities (such as Ministries of Justice and/or Prosecutor’s Offices) may not be final if there is a risk of an unfair trial, politically motivated prosecution, or treatment contrary to international human rights standards.
In today’s world, where cases of torture and inhuman treatment are still being documented, international supervisory mechanisms exist to protect individuals from abuses of state power:
European Court of Human Rights (ECtHR) — examines complaints concerning violations of rights guaranteed by the European Convention on Human Rights, including the prohibition of torture, the right to liberty, and the right to a fair trial. The judgments of the ECtHR are binding on all member states of the Council of Europe.
Committee Against Torture (CAT) — monitors compliance with the United Nations Convention against Torture and considers individual complaints concerning ill-treatment, torture, or other cruel, inhuman, or degrading treatment. Although the decisions of the CAT are not formally binding, they carry significant reputational weight due to the state’s participation in the UN system.
Human Rights Committee (HRCtee) — oversees the implementation of the International Covenant on Civil and Political Rights and considers complaints concerning violations such as unfair trial, torture, arbitrary detention, and discrimination.
These bodies have extensive experience in identifying violations of international obligations and may oblige states to take measures to restore violated rights and prevent similar cases in the future. However, in extradition cases, their decisions generally have a retrospective (ex post) effect — unlawful extraditions are usually recognised only after the surrender has already taken place. Considering the lengthy review period of individual complaints, such decisions often lack an immediate preventive effect.
Nevertheless, in exceptional circumstances, an individual may be granted additional ex ante protection — that is, before the execution of the extradition decision.
In today’s world, where cases of torture and inhuman treatment are still being documented, international supervisory mechanisms exist to protect individuals from abuses of state power:
European Court of Human Rights (ECtHR) — examines complaints concerning violations of rights guaranteed by the European Convention on Human Rights, including the prohibition of torture, the right to liberty, and the right to a fair trial. The judgments of the ECtHR are binding on all member states of the Council of Europe.
Committee Against Torture (CAT) — monitors compliance with the United Nations Convention against Torture and considers individual complaints concerning ill-treatment, torture, or other cruel, inhuman, or degrading treatment. Although the decisions of the CAT are not formally binding, they carry significant reputational weight due to the state’s participation in the UN system.
Human Rights Committee (HRCtee) — oversees the implementation of the International Covenant on Civil and Political Rights and considers complaints concerning violations such as unfair trial, torture, arbitrary detention, and discrimination.
These bodies have extensive experience in identifying violations of international obligations and may oblige states to take measures to restore violated rights and prevent similar cases in the future. However, in extradition cases, their decisions generally have a retrospective (ex post) effect — unlawful extraditions are usually recognised only after the surrender has already taken place. Considering the lengthy review period of individual complaints, such decisions often lack an immediate preventive effect.
Nevertheless, in exceptional circumstances, an individual may be granted additional ex ante protection — that is, before the execution of the extradition decision.
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EXTRADITION PROCEDURE
After the arrest, the competent authorities collect the documents necessary to initiate the extradition procedure. The requesting state is usually granted a fixed period to submit the official extradition request and supporting materials (for example, 40 days in the Czech Republic and 60 days in Spain). Communication between the states takes place through INTERPOL (I-24/7 – Interpol Global Communication System, IGCS), diplomatic channels (Note Verbale), and other means.
The requested state requires information about the criminal case, as well as guarantees of a fair trial, excluding any violations of human rights law or the imposition of prohibited punishments, such as the death penalty or religious corporal punishment.
The requested state requires information about the criminal case, as well as guarantees of a fair trial, excluding any violations of human rights law or the imposition of prohibited punishments, such as the death penalty or religious corporal punishment.
SUSPENSION OF EXTRADITION: ECtHR & UN
Extradition is a procedure that carries a potential risk of human rights violations and is often carried out without examining the underlying criminal case materials. Courts frequently authorise extradition without fully assessing the individual risks involved. However, when there are indications of serious violations — such as a risk of torture, inhuman or degrading treatment, or politically motivated prosecution — international bodies may intervene directly in the national judicial process and block the surrender by issuing interim measures.
Our team has experience submitting applications to international human rights bodies in cases where deportation or extradition could result in the violation of fundamental rights. We are qualified to file requests for interim measures before the European Court of Human Rights (ECtHR), the UN Human Rights Committee (HRCtee), and the Committee Against Torture (CAT).
All these bodies have the authority to oblige the state to suspend extradition or removal until the case is examined on the merits. Proceedings before the ECtHR may take up to three years, and those before UN bodies even longer.
Our team has experience submitting applications to international human rights bodies in cases where deportation or extradition could result in the violation of fundamental rights. We are qualified to file requests for interim measures before the European Court of Human Rights (ECtHR), the UN Human Rights Committee (HRCtee), and the Committee Against Torture (CAT).
All these bodies have the authority to oblige the state to suspend extradition or removal until the case is examined on the merits. Proceedings before the ECtHR may take up to three years, and those before UN bodies even longer.
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APPLICATION TO INTERNATIONAL HUMAN RIGHTS BODIES
COMMUNICATION TO ECTHR AND UN
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OUR CHARGE
Не является публичной офертой: цены могут изменяться с учетом сложности дела; рассчитываются исходя из почасового размера оплаты и будут зафиксированы после бесплатного первичного анализа дела. Цены указаны без НДС.
Hourly Rate
Approximate Fee for Case Preparation before the UN or ECtHR
EUR 100
EUR 3,500-5,000
Ориентировочная цена за подготовки документов на специальные меры (Interim Measures)
от EUR 2,000
МЕЖДУНАРОДНОЕ УГОЛОВНОЕ ПРАВО. МЕЖДУНАРОДНОЕ УГОЛОEXTRADITION BARRING STOP EXTRADITION THROUGH INTERNATIONAL HUMAN RIGHTS ORGANISATION CAT HRCTEE UN AND EUROPEAN COURT OF HUMAN RIGHTS.
. МЕЖДУНАРОДНОЕ УГОЛОВНОЕ ПРАВО. МЕЖДУНАРОДНОЕ УГОSTOP EXTRADITION BARRING UN HRCTEE EUROPEAN COURT OF HUMAN RIGHTS STOP EXTRADITION.
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