extradition to Armenia

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Extradition from Germany to Armenia is governed by the European Convention on Extradition of 13 December 1957 (Federal Law Gazette 1964 II p. 1369, 1371; 1976 II p. 1778; 2002 II p. 2300) in conjunction with the Second Additional Protocol of 17 December 1957. (BGBl. 1990 II p. 118, 119; 1991 II p. 874; 2004 II p. 455), whereby the reservations and declarations made by Germany regarding Articles 6, 21, 23 and 27 of the Convention (BGBl. 1976 II p. 1778) must be observed. Extradition for fiscal offences is possible. Extradition of German nationals to Armenia is out of the question under Article 16 II p. 1 of the Basic Law.

Provisional extradition detention against foreigners can be ordered in Germany on the basis of the Interpol search.

German extradition lawyer: NGOs show a different picture

The Republic of Armenia is a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 and the European Convention for the Protection of Human Rights and Fundamental Freedoms and Articles 14, 17, 26 and 41 of its Constitution prohibit both torture and inhuman treatment. The free practice of religion and the protection of national minorities should be guaranteed. But reports from human rights organisations show a completely different picture.

 In its 2015/16 Annual Report, Amnesty International is concerned about torture and ill-treatment in police stations and prisons. Nevertheless, there is extradition traffic between Germany and Armenia. In any case, the Higher Regional Court of Düsseldorf considered assurances from Armenia on the conditions of detention to be reliable in 2013 and declared extradition admissible, although group persecutions from Armenia are known and in part treatment contrary to human rights.

In 2013, the Higher Regional Court of Düsseldorf ruled against a persecuted person belonging to the Yezid minority after the Armenian authorities had given assurances that the conditions of detention, the treatment and the proceedings of the persecuted person would meet the requirements of the ECHR and that compliance with this assurance could be adequately verified if necessary. In that case, however, I know that a check has not been made.

The persecuted person had also filed a subsequent application for the granting of political asylum, which, however, in the opinion of the Higher Regional Court of Düsseldorf, did not block extradition.

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