Extradition is a legal process through which one state surrenders a wanted person to another state for the purpose of criminal prosecution or the enforcement of a final judgment that has entered into legal force.
In Georgia, extradition proceedings may be initiated on the basis of a request from a foreign state, an international wanted notice, information circulated through INTERPOL channels, or the person’s arrest.
An extradition case requires a prompt legal response because the proceedings may involve the person’s arrest, extradition detention, surrender to a foreign state, and a real risk of a violation of fundamental human rights.
Avtandil Giorgadze represents and defends persons subject to extradition in Georgia at the stages of arrest, extradition detention, determination of the admissibility of extradition, and judicial appeal.
What Does Extradition Mean?
Extradition is used when a foreign state requests Georgia to surrender a person located within its territory:
- for the purpose of criminal prosecution;
- for the enforcement of a sentence imposed by a court judgment;
- on the basis of an international wanted notice;
- in a case provided for by an international treaty or the principle of reciprocity.
The fact that a person is wanted by a foreign state or that an extradition request has been submitted does not mean that Georgia will automatically surrender that person.
The competent authorities must verify:
- whether the request satisfies the formal and legal requirements;
- whether the alleged conduct constitutes a criminal offense under the laws of both states;
- whether any circumstances precluding extradition exist;
- whether the person faces a real risk of a violation of human rights;
- whether the requirements established by international treaties and Georgian legislation have been observed.
International Wanted Notices and INTERPOL
An extradition case often begins on the basis of an INTERPOL Red Notice, an international wanted notice, or another notice circulated by a foreign state.
An INTERPOL Red Notice is not, in itself, a judgment issued by an international court. It is based on information supplied by an INTERPOL member state and may provide grounds for locating a person, provisionally arresting them, and subsequently initiating extradition proceedings.
The lawyer verifies:
- which state is searching for the person;
- the offense in connection with which the person is wanted;
- whether the search is based on a valid arrest decision;
- whether the case is political or discriminatory in nature;
- whether the international wanted notice complies with INTERPOL’s rules;
- whether grounds exist to request the correction or deletion of data from INTERPOL’s systems.
Where legal grounds exist, an application may be submitted to the relevant INTERPOL body to obtain access to information, correct the information, or cancel the Red Notice. This procedure is separate from the extradition case being considered by a Georgian court.
Arrest of a Person for Extradition Purposes
A person who is internationally wanted may be arrested in Georgia on the basis of a request from a foreign state or information received through international channels.
An arrested person has the right to:
- know the reason for their arrest;
- receive information about which state is requesting their surrender and on what grounds;
- obtain the assistance of a lawyer immediately;
- communicate confidentially with their lawyer;
- exercise the right to remain silent;
- receive interpretation services when necessary;
- contact the consular authorities of the relevant country;
- challenge the legality of the arrest and detention;
- present arguments and evidence against extradition.
The lawyer verifies the legal grounds for the arrest, the accuracy of the person’s identification, the validity of the international wanted notice, and compliance with procedural time limits.
Extradition Detention
While the extradition request is under consideration, the court may order the person’s detention for extradition purposes. Its purpose is to ensure the person’s possible surrender and reduce the risk of their evading the proceedings.
Extradition detention should not be imposed automatically solely because an international wanted notice exists. The court must assess:
- the actual risk that the person will abscond;
- whether the person has a permanent place of residence in Georgia;
- the person’s family and social ties;
- the person’s state of health;
- their previous cooperation with the proceedings;
- issues concerning the person’s identification;
- the possibility of applying a less restrictive measure;
- the necessity and proportionality of detention.
The lawyer presents circumstances and evidence to the court that reduce the risk of absconding and substantiate the possibility of applying a less restrictive measure instead of detention.
Modification of Extradition Detention
If the circumstances of the case have changed, the risk of absconding has decreased, the extradition proceedings have been delayed, or a serious health problem has been identified, grounds may arise to request the modification or revocation of extradition detention.
The lawyer:
- examines the decision ordering detention;
- verifies the legal grounds for continuing the detention;
- collects materials confirming the person’s family and social circumstances and state of health;
- prepares a request to modify or revoke the detention order;
- appeals the court’s decision where provided by law.
The necessity of detention must be assessed throughout the extradition proceedings, not only when it is initially imposed.
Determination of the Admissibility of Extradition
An extradition request submitted by a foreign state is subject to judicial review. The court determines whether the person’s extradition to the foreign state is legally admissible.
The court does not assess or determine whether the person committed the offense alleged in the foreign state. Its task is to examine the legality of the extradition request and determine whether any circumstances preventing the person’s surrender exist.
In court, the lawyer:
- examines the foreign state’s extradition request and the accompanying documents;
- assesses compliance with the double criminality requirement;
- examines the applicable limitation periods;
- assesses indications of possible political persecution;
- studies the human rights situation in the requesting state;
- submits medical, expert, and other evidence;
- requests additional information or diplomatic assurances;
- substantiates the inadmissibility of extradition where appropriate legal grounds exist;
- appeals the court’s decision in accordance with the procedure established by law.
Assessment of the Criminal Nature and Seriousness of the Conduct for Extradition Purposes
For extradition to be declared admissible, the conduct described in the extradition request must constitute a criminal offense both in the requesting state and in Georgia.
The title of the relevant criminal provision is not the only decisive factor in this assessment. The factual substance of the conduct and whether it contains the elements of an offense under Georgian legislation are important.
If the conduct described does not constitute a criminal offense in Georgia or does not meet the seriousness threshold required for extradition, grounds arise for refusing extradition.
Grounds for Refusing Extradition
Extradition may be declared inadmissible if circumstances preventing surrender exist under Georgian legislation, an international treaty, or international human rights standards.
Such circumstances may include:
- the conduct does not constitute a criminal offense in Georgia;
- the request does not satisfy the double criminality requirement;
- the limitation period for criminal prosecution or enforcement of the sentence has expired;
- a final decision concerning the same conduct has already been issued in relation to the person;
- the case displays indications of a political offense or political persecution;
- the person’s prosecution is connected with their race, nationality, religion, citizenship, political opinion, or another discriminatory ground;
- there is a real risk that the person will be subjected to torture or inhuman or degrading treatment in the requesting state;
- there is a real risk of a flagrantly unfair trial;
- the person may face the death penalty and no reliable assurance has been provided that it will not be imposed or carried out;
- the person’s state of health and the conditions of surrender create a real risk of serious and irreversible harm;
- extradition would disproportionately interfere with the person’s right to private or family life;
- the person benefits from international protection and their surrender would violate the principle of non-refoulement;
- another obstacle provided by law or the relevant international treaty exists.
Every argument against extradition must be based on specific and reliable evidence. A general reference to problems in the requesting state is not always sufficient.
Political Persecution and Discriminatory Purpose
If a criminal case is actually being used as an instrument to persecute a political opponent, journalist, activist, businessperson, or another individual, the true purpose of the request must be assessed during the extradition proceedings.
The following may be relevant in establishing a possible political or discriminatory motive:
- the timing of the initiation of the case and its political context;
- the selective nature of the prosecution;
- statements by public officials;
- reports by independent international organizations;
- the state of judicial independence in the requesting country;
- the person’s previous activities and the pressure exerted against them;
- judicial or international practice in similar cases.
Each case requires an individual assessment based on evidence.
Risk of Torture and Ill-Treatment
A person must not be extradited to a state where they face a real and individual risk of torture or inhuman or degrading treatment.
When assessing the risk, the following may be considered:
- reports by international organizations;
- judgments of the European Court of Human Rights;
- conditions in detention facilities;
- the treatment previously experienced by the person concerned;
- the person’s political, ethnic, religious, or other status;
- practices affecting a particular group in the requesting state;
- the person’s state of health;
- the reliability and enforceability of the proposed diplomatic assurances.
The lawyer’s task is to establish not only that a general problem exists in the state concerned, but also why this particular person faces a real risk.
State of Health and Extradition
A serious physical or mental illness may be relevant when assessing the legality of extradition detention and the person’s surrender.
The lawyer:
- collects medical documentation;
- requests an expert examination or specialist assessment when necessary;
- assesses whether the person can be transported safely;
- examines whether the person will receive the necessary treatment in the requesting state;
- submits materials confirming a risk of suicide, a severe deterioration in health, or other irreversible harm;
- requests appropriate assurances.
The mere existence of a diagnosis does not automatically preclude extradition. A specific and substantiated risk must be demonstrated.
Asylum and Extradition
A person who claims that they would face persecution or a serious violation of their rights if returned to their country of origin or another state may have the right to request international protection.
Asylum and extradition proceedings are separate legal processes, although the circumstances considered in them are often closely connected.
The following may be assessed in asylum proceedings:
- the risk of political or other persecution;
- the risk of torture or inhuman treatment;
- the person’s membership of a protected group;
- the absence of effective protection in the country of origin.
An asylum application does not automatically result in the granting of international protection or the final termination of extradition proceedings. A consistent legal position and relevant evidence must be presented in both proceedings.
Appeal Against an Extradition Decision
A court decision on the admissibility of extradition may be appealed in accordance with the procedure and within the time limit established by law.
An appeal may be based on:
- the absence of legal prerequisites for extradition;
- defects in the documentation submitted by the foreign state;
- failure to satisfy the double criminality requirement;
- inadequate assessment of the real risk of human rights violations;
- failure to consider evidence submitted by the defense;
- insufficient reasoning in the court’s decision;
- a substantial procedural violation;
- incorrect application of an international treaty or Georgian law.
The time limit for filing an appeal is limited. A prompt legal response is therefore required after the court issues its decision.
Final Decision on the Person’s Surrender
The court examines the legal admissibility of extradition. A subsequent decision concerning the person’s actual surrender is made within the scope of authority established by law.
The person must not be surrendered if the court has declared the extradition inadmissible or if international protection, an interim measure, or another legal impediment exists.
European Court of Human Rights and Interim Measures
If a person’s extradition creates a real and imminent risk to their life or of torture, inhuman treatment, or other serious and irreparable harm, it may become necessary to apply to the European Court of Human Rights.
In exceptional and urgent cases, an interim measure may be requested under Rule 39 of the Rules of Court to suspend the person’s surrender until the application has been examined or for a period determined by the Court.
An interim measure:
- is applied only in exceptional cases;
- requires materials demonstrating a serious and imminent risk;
- is not an ordinary appeal against a decision of a Georgian court;
- is not applied merely because the person disagrees with the extradition;
- requires the comprehensive submission of facts, medical or other evidence, and documents from the domestic legal proceedings.
An application to the European Court of Human Rights must be prepared promptly because, after the person has actually been surrendered, the application of an interim measure may become impossible or ineffective.
Simplified Extradition
In a case provided by law, a person may be offered the opportunity to consent to surrender to a foreign state and use a simplified extradition procedure.
Before consent is given, the lawyer must explain to the person:
- what the simplified procedure means;
- which rights the person may waive;
- whether consent may be withdrawn;
- the charges on the basis of which the state is requesting surrender;
- the sentence or legal consequences the person may face;
- whether legal grounds against extradition exist.
Consent to simplified extradition must be voluntary, informed, and given after consultation with a lawyer.
What Do the Services of an Extradition Lawyer Include?
The services of an extradition lawyer may include:
- verifying the grounds for the international wanted notice;
- assessing an INTERPOL Red Notice and other relevant data;
- meeting with the arrested person;
- verifying the legality of the arrest and extradition detention;
- requesting the modification or revocation of detention;
- examining the foreign state’s extradition request and supporting documents;
- assessing issues concerning double criminality and limitation periods;
- substantiating the risk of political or discriminatory persecution;
- obtaining materials demonstrating the risk of torture or ill-treatment;
- preparing medical and expert documentation;
- assessing the reliability of diplomatic assurances;
- participating in proceedings concerning the admissibility of extradition;
- appealing the court’s decision;
- coordinating the legal position with asylum proceedings;
- preparing an application to the European Court of Human Rights when necessary;
- explaining the consequences of simplified extradition;
- protecting the person’s interests at every stage of the extradition proceedings.