INTERPOL AND EXTRADITION
We offer full spectrum of services and support in the field of international extradition all over Europe and Canada. You can count on our expertise, knowledge and years of experience that let us build a solid and reliable reputation. Our team of professionals is at your full disposal and we are ready to help you in every step of the way if you or a member of your family is facing possibility of extradition to Russia or other countries. Extradition is the legal process by which a person is transferred from one country to another without the person’s consent. This is a legal method to prevent people from evading justice. When a person commits a crime in a state and then goes to a different one, the person can be sent back to face charges in the state where the crime was suspected to be committed . Generally, a country’s power to arrest a fugitive only extends within its borders. If there is no provision for extradition, people can evade justice by moving from one place to another. Extradition treaties are signed between nations with the intention to transfer criminals from a requested country to a requesting country. However, this transfer of criminals can only be done by keeping in mind the territorial sovereignty of other nations. Currently, it’s acknowledged that the extradition of criminals – it is right of the state, and not its responsibility. Duty dispensing may only be appropriate in the presence of an international treaty and given certain conditions. The whole process is accompanied by a huge bureaucratic correspondence between countries and usually takes from several months to 2 years.
But very often people get accused of crimes in their country of origin for other reasons then crime itself, it could be political or otherwise (discrimination) driven decisions coming from power structures and/or authorities. We know how to protect yourself or your loved one from the unlawful actions of those power structures, we earned respectable notoriety in the matter over the years and will gladly help you fight back against authorities that might want you for other reasons then the crime you are accused of and will help you rebuild your trustworthiness. Overturning wrongful convictions is often complicated and difficult but we are experts in such cases and will vigorously re-examine the evidence to try to achieve the right outcome for individuals who have been wrongly accused and/or convicted. There is few ways to do so and below you will find more detailed description about different types of situations and what could and should be done in each case. For example, offences related to civil and administrative legal liability, cannot serve as a basis for raising the issue of the extradition. Determining the nature of the offence refers to the internal policy of the state in whose territory a fugitive is located. We offer advice and representation throughout all stages of criminal investigations and proceedings – before arrest, at the police station, before charges are brought and during court proceedings.
Even if you have already been placed under arrest, and it was a surprise to you, the extradition decision has been made; the situation sometimes can still be saved or reversed. Often on practice Russian or other government that tries to get the extradition happen as fast as possible neglects the right procedures and can freeze suspect’s funds and accounts, without waiting for the court order which directly violates the official law but it still happens very often by the order of investigators of the criminal case. Such actions are intended to deprive the citizen and accelerate the extradition process home where the person could be charged with crimes that very often are politically or otherwise influenced. We can help avoid or slow down the extradition process. We can help yourself or your loved ones with support during the imprisonment if one happens and make sure you get the best lawyers and other types of professionals working on your case. To be at peace and avoid persecution abroad contact us immediately when you feel the threat (even if you are still in the country from which you only speculate on possible exile), the decision to contact us might be the best decision of your life if it can help you save years of your life and even more money and resources.
While still at home you can rely on help of our lawyers which will recommend you the best steps to take and best ways to protect yourself and your family, which will advise you if you should leave the country, when, how, under what circumstances to avoid suspicion, where and how to ask for political asylum. Littlest details matters in these types of situations and solving them without specialist are very hard, next to impossible, that’s why you should not hesitate to contact us immediately as soon as you feel littlest pressure of law enforcement over you, your family, your business, enterprise, property (including intellectual), etc. The situation could degenerate very fast if not taken care of in timely manner, that’s why we are here to help you and our solid reputation and years of experience in the field speak for itself. It’s better late than never to contact us immediately and discuss your options with one of our professionals. After all, most of the Russian law enforcement agencies are very often disregarding legal forms with only one goal – to return the suspect back home for the prosecution as fast as possible and that’s where we come in play. We track down and find mistakes in those proceedings and turn it against law enforcement structures of the country that demands extradition.
Here are important things to know about the extradition process: a nation cannot surrender a fugitive to another nation or demand return of an offender if it is against the constitution. If there is no valid treaty between the nations, international law does not require surrender of a fugitive to a foreign nation. When the state requests the surrender of a fugitive, the nation should make a proper written request that should be forwarded through diplomatic channels to the justice ministry or other appropriate agencies and it has to be done following certain very strict procedures (see below for details). There should be warrants, sentences, and all relevant evidence attached along with the request. Among all other services we know how to prove that extradition is illegal. We are an independent organization and have already protected a lot of customers against extradition not in words but in deeds and will gladly do the same for you. Sometimes law enforcement agencies will go as far as pose threats on members of the family of the suspect, his colleagues, and as mentioned before obviously his accounts, assets, and properties and so on. Very often these actions are illegal and contradict international law and it’s our job to find where the other party has made mistakes in the process and turn it into our client’s advantage. These are the most common mistakes, because of which the lost time, money and effort could be gone forever. In Europe there is serious lack of confidence in Russian judicial system, in its honesty and integrity. Very often the decisions made by Russian court were and are politically or otherwise influenced and lawyers in Europe are very well aware of that. There are multiple violations that make the surface in some judicial proceedings of Russian power structures in Europe.
For example our colleagues are not just faced with the demands of the Prosecutor’s Office of the Russian Federation on the issue of suspects in Russia, which, even with the naked eye, view outright manipulation of facts, open pressure on witnesses, absolute failure to prove the fact of the crime, manipulation with the evidence, and violation of the limitation period in respect of that offence , unjustified retraining Articles charges, allocation of cases in the individual records management without appropriate motivation, met even cases of illegal cancellation of the verdict of juries.
If we approach the issue competently and intelligently there is a possibility to prove that the demand for extradition was done on a level where it’s hard to prove it’s even legal and then it’s much easier to fight it. Usually due to ignorance, inexperience, lack of knowledge of languages, mistakes in translation of Russian court representatives, recognition process of that court decision is very complicated or slowed down. Collect money, or simply enforce the decisions of Russian court in Europe is not a simple task to begin with. There are a lot of legal procedures that have to be followed and respected in order to make the whole process successful and depending on different teams that work on such cases the number of mistakes they do in the process could be crucial and turn the case in favor of our client. Come to the aid of our company that knows very well the judicial system of European countries and former USSR, difference between them and how to turn these differences into your advantage and also for your loved ones. For example the prosecution for the same crime in different parts of the world very often represents big differences. For example if you lived in Saudi Arabia and was charged with kissing in public which is illegal in Saudi Arabia but now you are in Spain and there is no punishment here for this, as here it is not a crime, you could not be prosecuted for it under the Spanish law and therefore could not be extradited to Saudi Arabia.
To bring a sentence of extradition in pursuance to the request for extradition shall be accompanied by a certified copy of the judgment with a note on its entry into force and the text of the criminal statute under which the person is convicted or declared in the international search. In cases where the request for extradition does not contain all the necessary data, the requested State Party may request additional information, which is set up to 1 month. This period may be extended up to 1 month at the request of the State Party. At the same time when the requesting State Party does not submit within the prescribed period the required additional information, the requested State Party shall be obliged to release the person taken into custody in the territory of the state.
Here is the list of mandatory and optional possible reasons for the refusal of the demanded by another state extradition:
Mandatory grounds for refusal of extradition:
Extradition shall not be granted in any of the following circumstances:
- If the offence for which extradition is requested is regarded as a political offence;
- If there are grounds to believe the request has been made to prosecute or punish a person on account of that person’s race, religion, nationality, ethnic origin, political opinions, sex or status, or that the person’s position may be prejudiced for any of these reasons;
- If the offence is an offence under military law and not also an offence under criminal law;
- If final judgment has been rendered against the person in the requested State in respect of the offence for which the persons’ extradition is requested;
- If the person whose extradition has been requested has, under the law of either Party, become immune from prosecution or punishment for any reason, including lapse of time or amnesty;
- If the person would be subjected to torture or cruel, inhuman treatment or degrading punishment or if that person has not or would not receive the minimum guarantees in criminal proceedings as contained in the International Covenant on Civil and Political Rights, article 14.
- If the judgment of the requesting State has been rendered in absentia, the convicted person has not had sufficient notice of the trial nor opportunity to arrange for a defense and has not or will not have the opportunity to have the case retried.
Optional grounds for refusal of extradition:
Extradition may be refused in any of the following circumstances:
- If the person whose extradition is requested is a national of the requested State;
- If the competent authorities of the requested State have decided either not to institute or to terminate proceedings against the person for the offence for which extradition is requested;
- If prosecution in the requested State is pending for the same offence;
- If the offence carries the death penalty under the law of the requesting State;
- If the offence has been committed outside the territory of either Party and the law of the requested State does not provide for jurisdiction over such an offence committed outside its territory;
- If the offence is regarded under the law of the requested State as having been committed in whole or in part within that State;
- If the person whose extradition has been requested has been sentenced or would be liable to be tried in the requesting State by an extraordinary or ad hoc court or tribunal;
- If extradition would be incompatible with humanitarian considerations in view of age, health or other personal circumstances of that person.
Here is the list of channels of communication and required documents for the process of extradition to be successful:
- A request for extradition shall be made in writing and transmitted, along with supporting documents, through diplomatic channels directly between the ministries of justice or other designated authorities.
- A request shall be accompanied by the following:
- In all cases,
- i) As accurate a description as possible of the person sought and information to help establish that person’s identity, nationality and location;
- ii) The text of the relevant provision of the law creating the offence and a statement of the penalty that can be imposed;
- If a warrant for arrest has been issued, by a certified copy of that warrant, a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the alleged offence;
- If the person has been convicted, by a statement of the offence and a description of the acts or omissions constituting the offence and by the original or certified copy of the judgment;
- If the person has been convicted in his or her absence, in addition to the documents set out in paragraph 2 c), by a statement as to the legal means available to the person to prepare a defense or have the case retried;
- If the person has been convicted but no sentence imposed, by a statement of the offence, a document sets out the conviction and a statement affirming intent to impose a sentence.
- The documents shall be accompanied by a translation into the language of the requested State or another language acceptable to that State.
Here some of the mentioned above mandatory reasons for refusal of extradition in more details for you:
PROCEDURES FOR CANCELLATION OF EXTRADITION
Veiled political or other motives of the requesting country.
No power should be exercised by the state without meaningful and effective legal accountability. When individual and group rights are threatened or compromised, our job is to level the playing field by providing the very best legal advice and representation. Extradition from the point of view of constitutional law is not in any case only mediation in international cooperation in criminal matters, extradition process, namely the right to life, the right not to be subjected to inhuman or degrading punishment or treatment, ideological freedom and rights relating to effective judicial protection. Citizens living in a democracy, particularly one based on free speech, fairness and the Rule of Law, are entitled to expect that their rights will be respected and protected without needing to turn to the lawyers or the courts for help. However, sometimes things can go badly wrong. Fundamental rights to protest manifest a faith and beliefs and even our physical freedom itself can be compromised in an arbitrary way by the state. We may be treated unfairly because of characteristics we can do nothing about, such as our race, origins gender, age, or sexuality or things that are part of our identity, like faith and belief. And in extreme circumstances, we may die when we are in the hands of the state without any proper explanation or justification being offered to our families. These types of situations unfortunately happen everywhere around the world and it’s very important to know how to protect you from it. Our qualified team knows the differences between judicial systems of European and post-USSR countries, including their cultural, political, historical views, incidents that have happened there before based on discrimination and under evaluating of human life and rights for life and freedom and those situations are more common than they are believed to be. These are very powerful and reasonable groundings for extradition to be refused because by international law everyone is eligible for even and human treatment disregarding racial, sexual or other differences or political views.
Discrepancy of jurisdiction and statute of limitations.
Among such circumstances may be mentioned statute of limitations. In particular, the extradition may be refused if, in accordance with the laws of the State in whose territory a person, the prosecution cannot be instituted or the sentence cannot be executed because of the statute of limitations. An obstacle to the extradition can be a significant difference in the penalties for similar crimes in various countries, as well as the conviction of the representatives of the country (the transmitting detainee) that the person would be tortured, and so on… In connection with these and other circumstances, many treaties on legal assistance are provided not only to extradition, but also the denial of extradition. That is why the fate of the accused cannot remain indifferent to the competent authorities in matters of extradition. The decision to extradite when there is the possibility of violation of fundamental rights of the individual – the right to life, integrity and freedom – on the part of the requesting State may be an indirect violation of such rights, as it does not take appropriate measures to prevent that risk. Knowing historical and cultural background of the country that is demanding the extradition is crucial and our attorneys have huge experience and background on the subject of most European and post-USSR countries, differences between their judicial systems and ways to turn those differences to our client’s advantage. Working against the system on your own is very hard. But when you have a team of certified and experienced professionals working your case –you can put your mind at ease, we are the best at what we do and we are really proud of it. To ensure compliance with fundamental rights, the legal system requires that court for extradition to test and evaluate the risks of violation in each case, instead of relying on simple mutual trust between states, even if they are the same human rights protection system. The fundamental rights of prisoners, including the rules of international law on human rights and humanitarian law sets clear limits cooperation in criminal matters between states, ensuring respect for fundamental rights, regardless of the specific content of each legal system.
Lapse of time.
In the theory of criminal law under the statute of limitations for criminal responsibility is understood after a certain period from the day of the crime that with the conditions laid down by law exempt a person from criminal responsibility. In cases where at the time of the crime takes place long period of time, a gap between the act and the punishment provided by the law, which reduces the effectiveness of criminal law measures. In addition, over time impeded the investigation of crime, often lose their strength evidence forgotten or distorted information known to the witnesses. The truth on such matters and the achievement of the purposes of punishment becomes extremely difficult or even impossible. Failure to issue based on the statute of limitations provide for both international treaties (Article 10 of the European Convention extradition). The question of the statute of limitations generally refers to the regulation of national criminal law and, in some cases associated with the implementation of international treaties. Some debate raises the question of whether, under the laws of the state shall decide the issue of limitations in the process of reviewing the extradition request. The European Convention on Extradition provides that extradition shall not be made unless under the law of one of the parties has expired limitation period in respect of the act or of the penalty (v. 10). Don’t hesitate to contact our professional team that will help you in every step of the way to build the defense around your case and look into the lapse of time that happened between the “crime”, accusation and the request for extradition and if there is a way to slow it down or stop completely we will always find the most convenient and proper way for you as our valued customer.
Mistakes in procedures.
As you could see in the list of the channels of communication and required documents for the successful extradition there is few steps that the requesting state has to follow in order for the extradition to be accepted and fortunately for our clients these steps are not followed through with entire integrity all the time. A nation cannot surrender a fugitive to another nation or demand return of an offender from the nation if it is against the constitution of the mentioned nation. Sometimes law enforcement agencies will go as far as pose a threat on members of the family of the suspect, his colleagues, and as mentioned before obviously his accounts, assets, and properties and so on. Very often these actions are illegal and contradict international law and it’s our job to find where the other party has made mistakes in the process and turn it into our client’s advantage. Very often the decisions made by Russian court were and are politically or otherwise influenced and lawyers in Europe are very well aware of that. There are multiple violations that make the surface in some judicial proceedings of Russian power structures in Europe.
In cases where the request for extradition does not contain all the necessary data, the requested State Party may request additional information, which is set up to one month. This period may be extended up to one month at the request of the requesting State Party. At the same time when the requesting State Party does not submit within the prescribed period the required additional information, the requested State Party shall be obliged to release the person taken into custody in the territory of the state. Also, in the process of protection is very important document on the international wanted list – it should be signed by the authorized person in accordance with current standards Interpol in Russia. In our practice we have been met petitions internationally wanted by unauthorized persons – ordinary as a prosecutor in the office of lieutenant, and not the head or deputy head of the department. Petition to declare an international arrest warrant, signed by unauthorized persons is not valid and it may well serve as a valid reason for refusing extradition. The main thing you need to skillfully bring this violation of procedural rules to the Court of the National Chamber.
Summary and the services we offer
Summarizing all the above – the lawyer representing the interests of his client in the process of extradition, first of all needs to properly check all the materials of the case submitted by the State seeking extradition, and if the defendant can be summed under one of the items mentioned above (prosecution or punishment for political views and a discrepancy of jurisdiction and statute of limitations, mistakes in procedures), the main focus of the protection it is necessary to focus on these inconsistencies, rather than trying to prove the innocence of his client. To this end, it is necessary to examine the personal circumstances of the person to be extradited, that will put him in a vulnerable position, as well as to analyze the operation of the requesting State to check whether it is a member of the international human rights organizations and considered whether it is the state, respect the law and ensure the effective protection of such rights and prevent their violation. This underlines the importance of the reports submitted by the protection from a variety of sources, observation of UN agencies, the European Parliament, international and national organizations for the protection of human rights in the course of judicial proceedings. The legal framework of an extradition request are determined by the Law on Passive Extradition, and if there is no bilateral agreement between the two participating countries, the examination of the case requires a higher level of control over the legality of the issuance.
Our lawyers specializing in international law, with extensive practice in the processes of passive extradition always ready to take on qualified legal protection of our clients who are involved in the process of extradition. Narrow specialization, the highest qualification, appropriate experience and long-standing practice of our attorneys, leading extradition processes in our board, allow us to guarantee our principals fact that their protection will be performed at the highest professional level and with all the necessary procedural safeguards, on which, frequently, the final outcome depends extradition process.
Here is the list of services we offer:
- Urgent visiting of the accused person in the place of detention (by the lawyer, attorney, psychologue if needed, etc). Full support and protection before, during and after incarceration for you and your family members.
- Immediate examination of the case in order to identify circumstances and build the best line of defense and prepare for the hearings;
- Development of the position to defend the rights and legitimate interests of the accused of the extradition proceedings
- Collecting evidence and documents in building the case;
- Direct participation in hearings;
- Appeal against the unlawful and unjustified decision of the court;
- Extradition appeal process before Strasbourg Tribunal;
- Other activities aimed at the effective defense of the rights and legitimate interests of the accused.
State, directing a request for extradition, undertakes not to prosecute or punish a person for those criminal acts that initially did not appear in the application for the arrest and extradition. That means the person could not be demanded for the extradition based on one type of charges and once brought to the requesting state get charged with something else. Situations like this happen unfortunately and it’s our job to make sure that you are protected against it among others. Extradition proceedings often begin immediately upon receipt of the request and the relevant documents, if the requested Party shall recognize the evidence of guilt sufficient helper. If not, (is not regulated by law the number of such requests), and then sometimes delayed for years, additional information may be requested. Russian investigation’s reputation is well known: “evidence” does not always convince even the domestic courts, and the Western – especially. All this complicates the extradition to Russia. Especially in cases where the petition to extradite a wanted clear political overtones, as always, to retrain the investigating authorities of the Russian Federation, in a criminal case. In all civilized countries of the world are well aware of how justice is carried out in Russia. When it comes to issuing a politically significant figure, then there could be the objectivity is very difficult to say. In the Russian legislation because there is no definition of “political offence”. All extradition case held on criminal charges. In addition, often incorrectly drawn up documents. The right to demand additional information to the competent authority of the Party, which filed a request for extradition, it is generally recognized in the treaty practice of Western countries. Admission correctly issued a request for extradition and the documents attached to it shall be considered sufficient grounds for taking into custody a person who is the subject of the extradition request. The process of extradition of the subject to Russia, taking place against the backdrop of favorable for the issue of relations between the two countries, almost originally prejudge the issue of extradition. The authorities of the two countries whose mutual relations in matters of extradition to date are more than “warm and friendly”, because of a mediocre citizen will not quarrel.
Contact us immediately if you feel that you or member of your family might be in danger and requested for extradition. Contact us in advance, the best is before even leaving your country and our attorneys will look into all of your options and suggest you the best routes to take, where to go for the political asylum, what to do and how to prepare your defense in case the state you escaped requests your extradition. It’s always better to be prepared in advance and we can provide you with all the necessary tools that you’ll need to build strong defense and surround yourself with the team of professionals who know that every littlest detail in this cases matters and every little mistake done by the requesting state could be turn into our customer’s advantage. We have gained respectable notoriety in cases fighting extradition all over Europe and Canada and you can fully count on our team and our solid reputation that we’ve earned by years of hard work. We put your priorities first. Your success is our success and we will offer you full variety of services that you might be surprised to find about and wish you asked about it before. So, please, don’t hesitate to contact us for a consultation or should you have any other questions regarding the subject, we will gladly help.