English-speaking lawyer. 20 years of experience

Vasiliy Georgievich Tarasenko

Get legal advice

Call right now:

Defense in Extradition

Extradition is a form of international cooperation in which one state, at the request of another, detains and transfers a person for criminal prosecution or for the enforcement of a sentence. In Russian practice, such cases usually begin when a person declared on an interstate or international wanted list is located and detained, after which an extradition review is initiated. In Russia, the issue of extradition falls within the competence of the prosecutorial authorities.

Under the Criminal Procedure Code of the Russian Federation, Russia may extradite to a foreign state a foreign citizen or a stateless person on the basis of an international treaty or the principle of reciprocity. Extradition requires that the act be criminally punishable under both Russian law and the law of the requesting state. For criminal prosecution, it is usually required that the offense be punishable by imprisonment for more than one year, and for the enforcement of a sentence, that the person has been sentenced to at least six months of imprisonment. The law also requires certain guarantees from the requesting state, including guarantees regarding the limits of prosecution and the impossibility of transferring the person to a third state without Russia’s consent.

In extradition cases, the defense is built not on a single argument, but on a combination of grounds. The Russian Criminal Procedure Code expressly provides for circumstances in which extradition is not permitted and circumstances in which it may be refused. The proper choice of legal strategy determines the outcome of the entire case.

— the person is a citizen of the Russian Federation;
— the person has been granted asylum in the Russian Federation due to the risk of persecution;
— with respect to the same facts, there is already a final judgment or termination of proceedings in Russia;
— the statute of limitations has expired or there is another legal obstacle;
— the act does not constitute a crime under Russian criminal law;
— with respect to the same facts, criminal prosecution is already underway in Russia;
— the act was committed on the territory of Russia or against the interests of Russia outside its territory;
— there is already a final decision of a Russian court establishing the existence of obstacles to extradition.
These grounds follow directly from Article 464 of the Criminal Procedure Code of the Russian Federation, and in the case of Russian citizens there is also a constitutional prohibition on extradition to another state.

Even if the request formally appears to be properly executed, the defense must assess the risk of extradition to a place where the person may face torture, inhuman treatment, or persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinions. These arguments are especially important where the case intersects with asylum, refugee status, or other forms of international protection.

A Red Notice is not an international arrest warrant, but a request to law enforcement authorities in different countries to locate a person and, where necessary, carry out provisional detention pending extradition, surrender, or a similar procedure. INTERPOL expressly states that each country decides for itself what legal effect to give such a notice and whether it is sufficient for detention under its domestic law.

What matters for the defense:
Work with INTERPOL does not replace defense in the Russian extradition procedure, but often must proceed in parallel. Data in INTERPOL’s system are reviewed for compliance with the organization’s Constitution and rules, including respect for fundamental human rights and the principle of neutrality: INTERPOL may not engage in matters of a political, military, religious, or racial character. The Commission for the Control of INTERPOL’s Files — the CCF — is an independent body that considers issues of access to, correction of, and deletion of data, but it does not replace a national court and does not decide whether extradition is permissible on the merits.

If there is asylum or refugee status:
INTERPOL separately states that once refugee status has been confirmed, the organization deletes a Notice or Diffusion originating from the state whose persecution the person fears. But this does not eliminate the need to defend against extradition separately in the national extradition procedure.

The Russian prosecutor’s office expressly states that during an extradition review, the detained person must be ensured the right to the assistance of counsel and an interpreter, as well as the opportunity to review the materials of the criminal prosecution. In addition, when a foreign citizen is detained, his embassy or consulate must be informed.

What is particularly important in practice:
It is necessary to immediately demand a clear explanation of the grounds for detention, secure access to a lawyer, insist on an interpreter, and not sign documents the contents of which you do not understand. International fair trial standards also require that a person be informed without delay, in a language he understands, of the nature of the charges, be given adequate time and facilities to prepare a defense, be ensured the right to counsel of his own choosing, and receive free assistance of an interpreter if he does not understand the language of the court.

Extradition cases require simultaneous work on several fronts at once. It is not enough to limit yourself to one complaint or one letter to a government authority. The defense must be systematic, fast, and documentarily precise.

What the work includes:
— urgent legal assessment of the grounds for detention and the stage of the extradition review;
— review of the international treaty, the principle of reciprocity, dual criminality, and the sufficiency of the documents;
— analysis of who exactly made the decision and whether the notification procedure was followed;
— preparation of a position for refusal of extradition on the basis of Article 464 of the Criminal Procedure Code of the Russian Federation;
— work with arguments concerning politically motivated prosecution, the risk of torture, lack of a fair trial, and other human rights violations;
— preparation and filing of an appeal against the extradition decision within the prescribed time limit;
— participation in the court hearing where the legality and validity of the decision are reviewed;
— where necessary, separate work with a Red Notice, Diffusion, and an application to the CCF;
— coordination of actions with relatives, foreign lawyers, the consulate, and representatives involved in the case outside Russia. An appeal against an extradition decision in Russia has a short deadline — 10 days from the date of notification — and in such proceedings the court assesses not the person’s guilt, but whether the decision complies with the law and the international treaties of the Russian Federation.

Reviews from google maps in Moscow

Reviews from real customers

Subscribe to our groups in social networks