Extradition Defense – Strategy and Prevention
Extradition is a legal process whereby one state (Georgia) surrenders an accused or convicted person present on its territory to another state for criminal prosecution or enforcement of a sentence. This is one of the most complex and stressful situations a foreign national can face. In many cases, extradition requests are based on political motives, fabricated charges, or originate from countries with critically low human rights standards. As a member of the Council of Europe and a signatory to the European Convention on Human Rights, Georgia is obligated not to extradite if there is a real risk of torture, inhuman treatment, or flagrant denial of justice. Extradition defense does not just involve appearing in court; it is a comprehensive strategy involving gathering evidence from abroad, analyzing political context, and communicating with the Ministry of Justice of Georgia.
What Does This Service Cover?
International criminal law specialists listed on Legal.ge offer full-scale defense:
- Case File Analysis: Detailed examination of the Request for Extradition to identify formal and substantive flaws under the *Law on International Cooperation in Criminal Matters*.
- Risk Assessment: Substantiating that the individual faces political persecution, torture, or threat to life in the requesting state (Article 3 ECHR risks).
- Initiating Asylum Procedures: Filing for political asylum parallel to the extradition process, which automatically suspends extradition proceedings until a final decision on asylum is reached.
- ECHR Involvement: If necessary, requesting interim measures (Rule 39) from the Strasbourg Court to halt extradition.
- Petitioning the Minister of Justice: Since the Minister makes the final extradition decision, the lawyer prepares legal and political arguments addressed directly to the Ministry.
Common Scenarios and Real-World Situations
Extradition cases often unfold in the following scenarios:
The first scenario is "Political Persecution." A former high-ranking official or opposition figure is pursued by their home government on corruption charges. Georgia must assess whether these charges are genuine or political retaliation.
The second scenario is "Business Disputes." A businessman in conflict with influential figures at home is charged with fraud. The defense must prove the matter is civil in nature and criminal prosecution is an abuse of process.
The third case is "Inhumane Conditions." A person is sought for a common crime but from a country where prison conditions amount to torture. This is an absolute ground for refusing extradition.
The fourth scenario is "In Absentia Conviction." A person was convicted in their absence without knowledge of the trial. This violates the right to a fair trial and constitutes a barrier to extradition.
Georgian Legal Framework
Extradition procedures are regulated by:
- Law on International Cooperation in Criminal Matters: The primary document defining grounds for extradition and mandatory refusal.
- European Convention on Human Rights: Especially Article 3 (Prohibition of Torture) and Article 6 (Right to a Fair Trial).
- Bilateral Treaties: Agreements between Georgia and the requesting state.
Service Process Step-by-Step
- Arrest and Extradition Detention: The lawyer intervenes immediately upon arrest, fighting for bail or house arrest instead of the standard 3-month (extendable to 9 months) extradition custody.
- Obtaining Materials: The lawyer requests case files from the Georgian Prosecutor''s Office and simultaneously gathers intel from the requesting country.
- Admissibility Hearing: The court decides if the request meets legal standards.
- Minister''s Decision: Even if the court approves extradition, the Minister of Justice has the discretion to refuse surrender.
Why Use Legal.ge?
Extradition cases require deep knowledge not only of Georgian law but also of international law and human rights. On Legal.ge, you will find lawyers with successful experience in complex extradition disputes who can protect your rights at an international level. Do not wait for surrender—start your defense today.
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