Extradition to Romania may take place on the basis of a European arrest warrant. Germany and Romania maintain a relatively one-sided extradition traffic in which the extradition requests from Romania received here dominate. But German nationals can also be extradited to Romania for prosecution on the basis of a European arrest warrant.

German extradition lawyer on European arrest warrant from Romania

Particularly when you look into other European countries, the accusation is raised that in Romania the instrument of the "European arrest warrant" is also being misused for other purposes.

The case law on extradition to Romania is not entirely uniform. The European Court of Human Rights (ECHR of 13 October 2015, Manea/Romania) has complained in one case that the complainant only had a space of 1.65 m² in the detention cell, possibly even less. Furthermore, the hygienic conditions were criticized, in particular the lack of access to running water and the infestation with parasites in the prison cells.

OLG Hamm (decision of 23.8.2016) on extradition to Romania, in particular on the poor prison conditions in Romania. The Higher Regional Court of Hamm has ruled that the extradition of a persecuted person to Romania for execution of sentence is currently inadmissible because there is a well-founded concern that the persecuted person will be exposed to conditions of detention contrary to human rights, which have not been cleared up to now by the information provided by the Romanian authorities.

German extradition lawyer on poor prison conditions in Romania

OLG Celle (decision of 11.07.2016) on extradition to Romania, in particular on the admissibility of transferring the execution of a custodial sentence to another EU state against the will of the convicted person.

OLG Bremen (decision of 30.06.2016) on extradition to Romania, in particular on the poor prison conditions in Romania.

OLG Stuttgart (order of 17.06.2016) for extradition to Romania, in particular for the execution of sentences there: "..... is not admissible because it is not (at present) guaranteed that the person persecuted will find conditions of detention there that comply with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Prison Principles. Accommodation in a detention cell provided by the Romanian authorities, which provides "2 sq.m. or 3 sq.m. of personal space, including bed and appropriate furniture", does not meet the relevant requirements".

OLG Stuttgart (decision of 29.04.2016 ) on extradition to Romania for execution of sentence there: "... is not admissible because "it is not (at present) guaranteed that the person persecuted will find conditions of detention there that comply with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Prison Principles".

OLG Karlsruhe (decision of 30.12.2015) on extradition to Romania and on the requirements for admissibility of extradition based on a decision rendered in absentia. The right to retrial under Art. 466 et seq. of the Romanian Code of Criminal Procedure should in principle satisfy the requirements of § 83 IV IRG with regard to the admissibility of extradition for execution in absentia.