FCC, 18.12.2025, RH.2025.27
Facts
On November 18, 2025, A., a dual U.S. and German national, was arrested in the canton of Zurich for the purpose of extradition to Germany. The arrest followed an arrest warrant issued by the Hanover District Court for professional fraud. The Federal Office of Justice (FOJ) ordered his detention pending extradition.
At the request of the German authorities, the FOJ extended the deadline for submitting the formal extradition request to 40 days. A. filed a request for release, which was rejected by the FOJ. He then appealed to the Appeals Chamber of the Federal Criminal Court, arguing that his detention had become unlawful after the initial 18-day period expired. He contended that the FOJ had failed to demonstrate the existence of "special circumstances" justifying an extension, as required by Article 50(1) of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC).
Legal Analysis
The Court reiterates that detention is the rule during extradition proceedings to ensure that Switzerland can fulfill its treaty obligations. Release is granted only in exceptional cases and under strict conditions.
Extradition between Switzerland and Germany is primarily governed by the European Convention on Extradition (ECE). Swiss domestic law, specifically the IMAC, applies only if the treaty does not regulate a matter exhaustively or if it is more favorable.
Article 50(1) IMAC provides that the deadline for submitting a formal extradition request may be extended from 18 to 40 days for "special circumstances." However,Article 16(4) ECE, which takes precedence over domestic law, stipulates that provisional detention may be terminated if the extradition request is not received within 18 days, but that it must in no case exceed 40 days from the date of arrest. This treaty provision does not condition the application of the 40-day maximum period on the existence of special circumstances.
Application to the Case
The Federal Criminal Court finds that the applicable provision in this case is not Article 50(1) IMAC, as invoked by the appellant, but Article 16(4) ECE.
In accordance with the convention, the deadline for submitting the formal extradition request may be extended up to 40 days without the requesting state having to justify special circumstances. Consequently, the FOJ's decision to grant the extension requested by the German authorities is in accordance with the law.
At the time of the court's ruling, the maximum 40-day period since the appellant's arrest has not yet elapsed. The detention therefore remains lawful.
Outcome
The Federal Criminal Court deemed the appeal manifestly unfounded and dismissed it. The court costs, set at CHF 1,000, were charged to the appellant.
