How we help
Extradition defense
Surrender-risk assessment, grounds for refusal and human-rights protection.
Overview
Extradition is the surrender of a person by one state to another for prosecution or to serve a sentence. It is governed by international treaties and national law and almost always undergoes judicial review in the requested country.
There are several grounds for refusal: a risk of human-rights violations, the political nature of the prosecution, the absence of dual criminality (the act must be punishable in both countries), and a risk of torture or an unfair trial.
How we help
- Analyse the treaty basis and the grounds of the request
- Identify grounds for refusing surrender
- Prepare the legal position and evidence of the risks
- Coordinate with local counsel in the requested country
- Support appeals against decisions
How we work
- 1
Request assessment
Examine the grounds and applicable treaties.
- 2
Grounds analysis
Identify possible reasons for refusal.
- 3
Legal position
Build the arguments and gather evidence.
- 4
Representation
Coordinate the defence in the court procedure.
- 5
Appeals
Prepare appeals and support all instances.
Common mistakes & risks
- Arrest when crossing a border without a prepared position
- Ignoring human-rights arguments and the political nature of the case
- Lack of coordination between jurisdictions
Frequently asked questions
Can extradition be refused?
Yes. Common grounds include a risk to human rights, the political nature of the prosecution, the absence of dual criminality and procedural violations.
What is dual criminality?
The principle that the act must be a criminal offence in both countries. If the act is not a crime in the requested country, surrender may be refused.
Does asylum protect against extradition?
Asylum status and procedure can significantly affect the decision but are not an automatic guarantee. The issue requires a separate legal assessment.