extradition to Kosovo

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Extradition from the Federal Republic of Germany to Kosovo is possible without general extradition treaty; extradition to Kosovo is also not ruled out from the outset for fiscal offences. Extradition requests shall be transmitted by diplomatic channels.

German extradition lawyer on extradition to Kosovo

In case of doubt, it must be assumed that in connection with the extradition to Kosovo, the search via Interpol will suffice to order provisional extradition detention in Germany.

German Higher Regional Court OLG Hamm: The case decided by the OLG Hamm concerned the extradition of the prosecuted person from Germany to the Republic of Kosovo for prosecution for murder. The proceedings were conducted by the United Nations Interim Administrative Mission in Kosovo (UNMIK). Despite the massive accusation ((2) 4 AuslA 90/07 (256/09) two weeks after the arrest in Dortmund, the persecuted was released by the Higher Regional Court of Hamm ((2) 4 AuslA 90/07 (256/09), as he was able to prove that there was no risk of escape. The Higher Regional Court of Hamm decided - which is rare enough in extradition proceedings - to carry out its own examination of the suspicion of an offence and later drew up the following guideline:

the European Convention on Extradition (EuAlÜbk)

According to the European Convention on Extradition (EuAlÜbk), an examination of sufficient suspicion of an extradition offence is generally excluded. If, however, no sufficient actual findings can be inferred from the presentation of the facts which speak in favour of the perpetrator of the offence alleged against the persecuted person, an investigation into the suspicion of the offence is exceptionally indicated.... and leads (in the present case) to "inadmissibility of extradition".

In the explanatory statement of the decision it was even stated later: On the basis of the documents now available, an investigation indicates that there has been unlawful prosecution.

. . . . It is clear from these findings that the persecuted person was merely the victim and not the perpetrator of the offence in question. UNMIK has been asked by the defender of the persecuted person to provide additional information on the prosecution's involvement in the crime. By decree of 30 June 2009, the NW Ministry of Justice forwarded a formal extradition request of 10 June 2009 to the Republic of Kosovo, which was sent through the appropriate channels and which maintained or renewed UNMIK's request for extradition. However, the extradition documents annexed to the request are identical only to the documents already available here and do not contain any further facts, contrary to the requested opinion on the judgment of the Pristina Court.

The extradition of the persecuted person is therefore inadmissible on the basis of the extradition documents transmitted, since the presentation of the facts of the case does not provide sufficient evidence to support the convicted person's perpetration of the alleged offence. Higher Regional Court of Hamm ((2) 4 AuslA 90/07 (256/09).


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