SWITZERLAND / EXTRADITIONS
Extradition in Switzerland is governed by both national laws and international treaties, including the European Convention on Extradition and bilateral agreements with various countries. Switzerland’s strategic geographical position in Europe and its role as an international diplomatic and financial center necessitate a sophisticated legal framework for handling extradition requests.
General Rules:
- Legal Framework:
- Swiss extradition procedures are primarily guided by the Federal Act on International Mutual Assistance in Criminal Matters (IMAC). Switzerland also adheres to the European Convention on Extradition and has entered into numerous bilateral treaties that govern specific procedural nuances.
- Extradition Requests:
- Requests must generally be submitted through diplomatic channels. Swiss authorities, particularly the Federal Office of Justice (FOJ), then conduct a preliminary review to ensure the request complies with Swiss law and international obligations, such as the principle of dual criminality (the act being punishable in both requesting and requested countries).
- Human Rights Considerations:
- Switzerland does not extradite if there is a substantial risk of the person facing torture, inhumane or degrading treatment, or if the extradition is for political offenses. There is also a strict stance against extraditing individuals to countries where they might face the death penalty, without assurances to the contrary.
Issues in Extradition:
- Political Sensitivity:
- Extradition cases can often be politically sensitive, affecting Switzerland’s relations with other nations, especially when high-profile individuals or politically charged cases are involved.
- Legal Complexities:
- The intersection of Swiss law, international treaties, and foreign laws adds complexity to extradition cases, requiring thorough legal analysis and strategic handling.
- Public and Media Scrutiny:
- High-profile extradition cases often attract significant public and media attention, which can influence the proceedings and pressure the involved parties.
Role of the Lawyer:
- Assessment and Advice:
- Lawyers provide critical initial assessments regarding the legality of the extradition request and advice on possible defenses against extradition.
- Legal Representation:
- Representing the client in proceedings before the FOJ and potentially the Federal Criminal Court if the extradition order is contested. Lawyers play a crucial role in arguing the case, focusing on both legal and humanitarian grounds.
- Human Rights Advocacy:
- Lawyers must be vigilant in protecting the human rights of the person sought, particularly in ensuring that the extradition does not lead to human rights violations.
- Documentation and Filings:
- Preparing necessary legal documents, filings, and comprehensive defense arguments to support the client’s case against extradition.
- Negotiation:
- In some cases, negotiating with both Swiss and requesting country’s authorities for terms of surrender that might involve conditions or assurances, or even arguing for alternative legal remedies.
In summary, the process of extradition in Switzerland requires navigating a complex interplay of national laws, international treaties, and sensitive diplomatic relations. Swiss criminal lawyers specializing in extradition must possess deep knowledge of these laws, adept negotiation skills, and a strong commitment to upholding human rights standards.