assurances as part of the national extradition procedure

28. May 2017

Certified specialist for criminal law Dr. Martin Rademacher - USA - Federal Constitutional Court confirms OLG Frankfurt/Main

The German Federal Constitutional Court has confirmed the decision of the Higher Regional Court of Frankfurt/Main (2 Ausl A 53/16), which, after obtaining so-called "assurances", declared extradition to the USA for the purpose of prosecution to be admissible.

Even if there were factual indications in the case at issue, that in the event of extradition in the USA, the mandatory minimum international law standard according to Art. 25 GG would not be complied with, such assurances by the United States could dispel all concerns about the admissibility of extradition.

The reason for obtaining assurances was the practice of the competent appeals court in the USA, which became known during the extradition proceedings, of making compliance with the so-called "speciality principle" subject to prior protest by the government of the Federal Republic of Germany on a case-by-case basis.

However, according to the Federal Constitutional Court, if corresponding assurances are made by the requesting state, the principle of mutual trust in compliance with the principles of mutual assistance in criminal matters and international law applies to extradition-law.

 

 

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