we have recently experienced that the Federal Police at the major German airports are cooperative when it comes to establishing contacts with family, consular representations and specialized lawyers for the arrested person after an arrest, from whom professional action can be expected. This is something that can be emphasized.

If, at the airport, officers of the German Federal Police discover that the passenger who has just landed or is checking in is the subject of an alert in an international search system (INTERPOL or SIS), they will arrest him or her provisionally on the basis of the alert issued under 19 IRG. This triggers a number of information and instruction obligations for the police. This includes first of all explaining the reason for the arrest (Section 19 (1) IRG), which includes not only the actual charge but also the alert for the wanted person.

What happens after an arrest at a German airport ?

The first police briefing includes the handing over of an extradition warrant if the police at the airport already have it (Section 20 (2) IRG). If necessary, appropriate translations into a language understandable to the arrested person must also be handed over. If this is not yet possible for the police, only an oral translation must be provided initially.

In accordance with the Vienna Convention on Consular Relations, a foreign national must be informed that he or she may avail himself or herself of the consular assistance of his or her home state. In addition, there is a right to legal counsel (Section 40 (2) IRG).

The arrested person must be informed that he or she may also appoint a legal counsel in the requesting state. However, the foreign legal counsel cannot assert any rights in the domestic part of the subsequent extradition proceedings. Wr also does not receive access to files in Germany

INTERPOL at a German airport 

Through the INPOL query, the Federal Criminal Police Office BKA, as the German Interpol SIRENE, automatically receives a "hit report" that also reaches the SIS central computer in Strasbourg and the requesting state. The alert is treated like a request for arrest and extradition. The Federal Criminal Police Office (BKA) transmits to the police at the German airport and to the responsible public prosecutor's office the search documents at its disposal, such as the European arrest warrant and the alert, accompanying documents or Interpol Red Notices, notifying the authority issuing the alert and its address. The arresting police station receives the electronic record. A statement of facts is translated and attached by the BKA. The SIRENE Bureau in the requesting state informs the authority issuing the alert there.

arrest warrant at a German airport 

The arrested person is to be brought before the nearest district court without delay, at the latest on the day after his arrest, where he will be questioned by a judge. The interrogation shall be based on the documents and translations provided by the BKA. The judge at the district court will question the detainee about his nationality and personal circumstances. The arrested person is also informed once again that he may avail himself of the assistance of a legal counsel (Section 40 IRG) and that he or she is free to comment on the accusation. If he or she has not already done so, he or she must be informed on this occasion of his or her right to consular assistance (see No. 135 RiVASt). In addition, he or she shall be given the opportunity to comment on his or her provisional arrest and to raise objections to the extradition. The arrested person will not be questioned on the subject of the accusation. A record is made of the interrogation. Normally, the arrestee always objects to his extradition and the court records this as the essential statement. The consent to extradition, which has been expressly declared to the court, cannot be revoked unless there are very good reasons for the revocation.

dispense from extradition custody after arrest at a German airport 

The district judge does not consider the release of the arrested person for the time being. This is only the case in the very rare cases where the absence of a reason for arrest or the inadmissibility of extradition are obvious. However, the district judge will normally order that the arrested person be detained until the decision of the Higher Regional Court on the order of extradition custody. This decision of the Higher Regional Court shall be requested by the Prosecutor General's Office without delay. As a rule, the arrested person remains in custody pending the decision of the Higher Regional Court on the admissibility of extradition to the requesting State. However, the Higher Regional Court may dispense the arrested person from extradition custody, which is rarely done.

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