ExtraditionHearingRepresentation

Extradition Hearing Representation

The most critical stage of the extradition process is the court hearings. In Georgia, extradition matters are reviewed by the Tbilisi City Court (first instance) and the Supreme Court (cassation instance). The court''s task is to determine whether the extradition request meets the formal requirements of the law and whether there are any legal impediments to extradition. The Prosecutor''s Office typically supports the foreign state''s request, so the defense needs strong argumentation to refute this position. Extradition hearings address two main issues: (1) the imposition of extradition detention, and (2) the admissibility of extradition. Representation in these proceedings requires thorough knowledge of procedural norms, as the defense must convince the judge that the assurances provided by the foreign state (e.g., regarding a fair trial or prison conditions) are unreliable.

What Does This Service Cover?

Lawyers registered on Legal.ge offer direct court representation:

• Extradition Detention Hearing: Fighting to prevent the accused from being remanded in custody and advocating for alternative measures (bail, surrender of passport) while the extradition issue is pending.
• Admissibility Hearing: The main proceeding where the lawyer argues that extradition is legally inadmissible (e.g., the crime is not punishable in Georgia – principle of dual criminality).
• Presentation of Evidence: Submitting reports from international organizations (Human Rights Watch, Amnesty International) confirming systemic human rights violations in the requesting country.
• Supreme Court Appeal: Appealing a negative decision of the first instance court via cassation.

Common Scenarios and Real-World Situations

Court proceedings often involve the following issues:

The first scenario is "Lack of Dual Criminality." The foreign country requests extradition for an act that is not a crime in Georgia. The court is obliged to refuse extradition.

The second scenario is "Statute of Limitations." A long time has passed since the crime. The defense argues that under Georgian law, the statute of limitations has expired, and the person cannot be extradited.

The third case is "Detention Review." The court considers whether the person should remain in jail awaiting extradition. The defense argues there is no flight risk.

Georgian Legal Framework

The court process relies on:

• Criminal Procedure Code: Defines rules for applying preventive measures.
• Law on International Cooperation: Defines criteria for the admissibility of extradition.

Service Process Step-by-Step

1. First Appearance: Within 48 hours of arrest, the court reviews the detention issue.
2. Motions: The lawyer files motions to request evidence.
3. Admissibility Review: Hearing the prosecutor''s motion on the admissibility of extradition.
4. Decision: The court''s ruling, which is sent to the Minister of Justice.

Why Use Legal.ge?

Fighting extradition in court requires procedural mastery and knowledge of international precedents. On Legal.ge, you will find lawyers specializing specifically in extradition litigation.