Extradition

About

Extradition is a set of procedures for transferring a person who is in the territory of a country to another country for the purpose of conducting criminal proceedings against him or enforcing a sentence. Extradition is usually carried out on the basis of an international agreement, as long as reciprocity is ensured by the country requesting extradition.

Most countries (including Poland), as a rule, do not allow extradition of their own citizens or persons who have been granted asylum in their territory (unless certain conditions are met). It should be remembered that the basis for extradition may be only an act punishable in both countries (the so-called principle of double criminality), and the person extradited may be prosecuted only for the crimes that were the basis for the extradition, as well as execute against him only such a punishment, for the execution of which he was extradited (the so-called principle of speciality).

In a situation where an authority of a foreign state refers a request to Poland for the extradition of a prosecuted person for the purpose of conducting criminal proceedings against him or executing a sentence or a security measure imposed on him, the prosecutor interrogates the person and, if necessary, secures evidence located in the country, after which he brings the case to the locally competent district court. Both a defense attorney and an interpreter may participate in the activities involving the person against whom the extradition has been requested. It should also be borne in mind that for the duration of the extradition proceedings, the prosecuted person may be temporarily detained.

The court may issue a decision that extradition is inadmissible. The grounds for such a decision may be:

a well-founded fear that the death penalty may be imposed or executed against the extradited person in the requesting state;
a well-founded fear that in the state demanding surrender the liberties and rights of the surrendered person may be violated;
prosecution for the commission of a politically motivated (non-violent) crime;
the requested person enjoys the right of asylum in Poland.

In terms of matters related to extradition procedures, Kopeć & Zaborowski Law Firm offers:

assistance to Polish and foreign citizens;
detailed discussion of the institution of extradition, its admissibility and consequences;
analysis of the legal and factual situation of the person against whom extradition is requested;
ongoing contact with the authorities conducting the proceedings and with the competent authorities of the country requesting extradition;
active participation in the extradition hearing, including cassation proceedings;
preparation of letters to the Minister of Justice, the Ombudsman and the Prosecutor General;
preparation of a complaint to the European Court of Human Rights regarding irregularities in extradition proceedings;
preparation of an application to the Head of the Office for Foreigners for granting a foreigner asylum in Poland, and in case of refusal to grant asylum – preparation of an application for reconsideration of the case and a complaint to the Voivodship Administrative Court.

Our offer is addressed to:

Poles subject to an extradition request;
foreigners against whom extradition proceedings are pending;
persons seeking asylum in Poland;
families of participants in extradition proceedings.

Extradition is a formal legal procedure whereby one sovereign state surrenders an individual found within its jurisdiction to another sovereign state for the purpose of prosecution, trial, or enforcement of a sentence for crimes committed in the requesting state’s jurisdiction. This process is rooted in international cooperation and mutual legal assistance, often facilitated through bilateral or multilateral treaties that establish the conditions and procedures for such transfers while ensuring reciprocity and adherence to international legal standards.

Extradition is typically conducted on the basis of an international treaty or agreement between the involved countries. These treaties outline the legal framework, ensuring that both states honor their obligations and that the rights of the individual are protected throughout the process. Without such agreements, extradition would be legally challenging, as there would be no mutual recognition of legal processes or obligations.

Most countries, including Poland, generally do not permit the extradition of their own nationals or individuals who have been granted asylum within their territories, unless specific conditions are met. This stance is rooted in the desire to protect citizens and residents from potential injustices in foreign legal systems. However, exceptions may apply, particularly within the European Union or when international treaties provide for such extradition under defined circumstances.

A fundamental principle governing extradition is double criminality, which requires that the offense in question is considered a crime in both the requesting and the requested states. Additionally, the principle of specialty dictates that the extradited individual may only be prosecuted or punished for the specific offenses for which extradition was granted. This ensures that the requesting state does not prosecute the individual for unrelated crimes without the consent of the extraditing state.

Extradition Procedure in Poland

When a foreign authority submits a request to Poland for the extradition of an individual for prosecution or the execution of a sentence or security measure, the Polish prosecutor initiates the extradition proceedings. The steps involved include:

Interrogation: The prosecutor interrogates the individual concerned to ascertain relevant information and inform them of the proceedings.

Evidence Securing: If necessary, the prosecutor secures any evidence located within Poland that pertains to the case.

Judicial Review: The case is then brought before the competent district court, which evaluates the legal basis and admissibility of the extradition request.

Throughout these proceedings, the individual has the right to legal representation, and an interpreter may be provided to ensure they fully understand the process and their rights. It is also important to note that the individual may be subject to provisional detention during the extradition proceedings to prevent flight risk or interference with justice.

Grounds for Refusal of Extradition

The court may declare extradition inadmissible based on several grounds, which are crucial safeguards to protect individuals from potential human rights violations:

Risk of Capital Punishment: If there is a well-founded fear that the death penalty may be imposed or executed in the requesting state, extradition may be refused, especially if the requested state has abolished capital punishment.

Human Rights Concerns: Extradition may be denied if there is a substantial risk that the individual’s fundamental rights and freedoms would be violated in the requesting state, such as exposure to torture, inhuman or degrading treatment, or lack of a fair trial.

Political Offenses: Extradition is generally not granted for offenses deemed political in nature, particularly non-violent political crimes, to prevent persecution for political dissent.

Asylum Status: If the individual has been granted asylum or refugee status in Poland, extradition may be refused to protect them from persecution in their home country.

Legal Assistance and Representation

Navigating extradition proceedings requires specialized legal expertise due to the complexity of international law and the high stakes involved. Kopeć & Zaborowski Law Firm offers comprehensive legal services in matters related to extradition, including:

Assistance to Polish and Foreign Nationals: Providing dedicated legal support to individuals, regardless of nationality, who are subject to extradition requests.

Detailed Legal Analysis: Offering thorough explanations of the extradition process, assessing its admissibility, potential consequences, and analyzing the legal and factual circumstances surrounding the case.

Representation in Proceedings: Actively participating in court hearings, including filing appeals and representing clients in cassation proceedings if necessary.

Communication with Authorities: Maintaining ongoing contact with prosecuting authorities and liaising with competent authorities in the requesting country to ensure transparency and fairness.

Advocacy Before Government Bodies: Preparing and submitting letters and motions to the Minister of Justice, the Ombudsman, and the Prosecutor General to advocate on behalf of the client.

European Court of Human Rights Applications: Preparing complaints to the European Court of Human Rights in cases where there are alleged violations of rights during the extradition proceedings.

Asylum Applications: Assisting in preparing and submitting applications for asylum to the Head of the Office for Foreigners in Poland, and if necessary, filing appeals or complaints to the Voivodeship Administrative Court in case of refusal.

Our Services Are Addressed To:

Polish Nationals Facing Extradition Requests: Assisting Polish citizens who are subject to extradition proceedings initiated by foreign states.

Foreign Nationals Undergoing Extradition Proceedings: Providing legal support to non-Polish individuals in Poland facing extradition.

Asylum Seekers in Poland: Assisting individuals seeking asylum to prevent extradition to countries where they may face persecution or unjust treatment.

Families of Individuals in Extradition Proceedings: Offering guidance and support to family members during the challenging extradition process, ensuring they are informed and involved.

Extradition Treaties and International Cooperation

Extradition fundamentally relies on treaties and international agreements between states, which outline the procedures, obligations, and conditions under which individuals may be surrendered for prosecution or punishment. These treaties ensure that:

Legal Framework is Established: Providing a clear legal basis for extradition, outlining the offenses covered, and specifying procedural requirements.

Reciprocity is Ensured: Both states agree to mutually honor extradition requests under similar circumstances, fostering international cooperation.

Human Rights are Protected: Incorporating provisions that safeguard the rights of the individual, in line with international human rights standards.

Without such treaties, extradition would be legally and practically challenging, as there would be no mutual obligations or standardized procedures.

When a member state submits an extradition request, the requested state must respond in accordance with the treaty obligations and its national laws. The requested state conducts its own legal proceedings to determine the admissibility of the extradition, ensuring that all legal criteria are met and that the individual’s rights are protected.

Arrest and Detention Prior to Extradition

The arrest and detention of an individual pending extradition are governed exclusively by the laws of the requested state. National courts assess whether the legal conditions for arrest are satisfied, and any detention must comply with domestic legal standards, including provisions related to human rights and procedural safeguards.

Conclusion

Extradition is a complex and sensitive legal process that balances the pursuit of justice with the protection of individual rights. It requires careful navigation of international treaties, domestic laws, and human rights considerations. Professional legal assistance is essential to ensure that individuals facing extradition are adequately represented and that all legal avenues are explored to safeguard their rights and interests. Understanding the intricacies of extradition can make a significant difference in the outcome of proceedings, and specialized legal support is invaluable in achieving the most favorable result.

Ensure Your Rights Are Protected During Extradition Proceedings

Extradition proceedings are complex and involve critical legal and human rights considerations. Whether you are facing extradition, advocating for a loved one, or seeking asylum to avoid unjust treatment in another country, our law firm is here to support you. We offer tailored legal services, from representation in court proceedings to submitting appeals and liaising with international authorities.

Our team of experts understands the intricacies of extradition law and the importance of safeguarding your rights at every stage. With a deep commitment to professionalism and fairness, we work to achieve the best possible outcomes for our clients. Don’t navigate extradition alone—contact us today for experienced and dedicated legal assistance.

Any questions?