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Extradition Defense

Can extradition be refused in Georgia?

Yes, extradition can be refused if the request is politically motivated, if the person faces torture or inhumane treatment in the requesting state, or if the statute of limitations has expired. A skilled lawyer builds a defense based on these and other legal grounds.

How can I get removed from Interpol's Red Notice list?

We can file a request with the Commission for the Control of Interpol's Files (CCF) to delete a Red Notice if it violates Interpol's rules (e.g., political or military character of the offense). Successful removal often leads to the dismissal of extradition proceedings.

What rights do I have during extradition proceedings?

You have the right to legal counsel, to review the extradition materials, to request asylum, and to appeal detention and extradition decisions in Georgian courts. You also have the right to communicate with your country's consulate.

Is it possible to be released on bail during extradition?

Yes, although extradition detention is common, Georgian courts can grant bail or other non-custodial measures if there is no flight risk and the defense presents strong arguments. We assist in preparing bail applications.

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Extradition is one of the most complex and dramatic processes in international legal cooperation, where one state (the requesting state) asks another state (the requested state) to surrender an accused or convicted person for prosecution or enforcement of a sentence. In Georgia, extradition issues are directly linked to fundamental human rights, specifically the right to liberty and the right to a fair trial. The extradition process is not an automatic action; it is a multi-stage legal battle where the defense plays a decisive role. The involvement of a qualified lawyer is often the only barrier against surrendering a person to a jurisdiction where they may face torture, inhumane treatment, or political persecution.

Specialists in criminal and international law presented on the Legal.ge platform offer comprehensive legal assistance at all stages of extradition proceedings. This service includes a complex strategy and technical work:

  • Legal Analysis of the Request: The lawyer verifies whether the incoming request meets the formal and substantive criteria of bilateral and multilateral treaties (e.g., the principle of dual criminality).
  • Asylum Application: Initiating asylum procedures parallel to extradition if there is a well-founded suspicion that the prosecution is politically motivated.
  • European Court of Human Rights (ECHR) Involvement: Requesting interim measures (Rule 39) from the Strasbourg Court to suspend extradition if necessary.
  • Appealing Extradition Detention: Securing release on bail or other preventive measures before the conclusion of the extradition hearing.
  • Representation in Court and Ministry of Justice: Participating in court hearings and in the process leading up to the final decision by the Minister of Justice.

Extradition cases often arise in complex and sensitive situations. For example, a foreign citizen in Georgia for business is unexpectedly detained based on an Interpol Red Notice requested by their home country for alleged financial crimes. Another common scenario involves a political refugee where an authoritarian regime demands the surrender of an opposition activist on fabricated criminal charges. It is also common for a Georgian citizen to be requested by a European state, where the defense must prove that trying the person in Georgia is more appropriate or that extradition would violate their family rights.

Extradition procedures in Georgia are regulated by the "Criminal Procedure Code of Georgia" and the "Law of Georgia on International Cooperation in Criminal Matters." Additionally, international agreements such as the "European Convention on Extradition" (1957) and bilateral treaties with specific countries have superior legal force. The Constitution of Georgia and the European Convention on Human Rights (Article 3 - prohibition of torture, Article 6 - fair trial) serve as the main legal pillars for defense. Lawyers use these norms to prove that surrendering the person would result in a violation of their fundamental rights.

The process begins with the person's arrest for extradition detention, which can last up to 9 months. During this period, the Prosecutor's Office examines the submitted documentation and applies to the court regarding the admissibility of extradition. The lawyer's role here is critical: they must present evidence that the accusation is groundless or that there are circumstances excluding extradition (e.g., statute of limitations, political motivation). Even if the court declares extradition admissible, the final word belongs to the Minister of Justice of Georgia, whose decision can also be appealed.

Legal.ge is your reliable resource for navigating the complex labyrinth of extradition. Extradition cases require deep knowledge not only of national legislation but also of international law and human rights standards. On our platform, you will find lawyers with real-world experience in handling extradition disputes who have successfully prevented the surrender of individuals to unsafe jurisdictions. Timely legal intervention is often the only guarantee of preserving freedom.

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