TPF, 29.10.2025, RR.2025.137, RP.2025.55
Facts
The Greek authorities requested, via the SIS, the arrest and extradition of a Greek-Bulgarian national, A. (the appellant). The request concerns the enforcement of custodial sentences for the circulation of counterfeit currency, fraud, and forgery of documents, as well as criminal proceedings for aggravated theft. Arrested in Switzerland, the appellant opposed simplified extradition. The FOJ granted the extradition after obtaining additional information from Greece. The appellant filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court, requesting its annulment and the granting of free legal aid.
Law
Extradition between Switzerland and Greece is governed primarily by the ECExtr, the CISA, and the EU Convention on Extradition. The Federal Act on International Mutual Assistance in Criminal Matters (IMAC) applies on a subsidiary basis. According toArt. 65 para. 1 APA, free legal aid is granted to a party if they lack the necessary resources and their claims do not appear to be devoid of any chance of success. An appeal is considered devoid of any chance of success when the prospects of winning are significantly lower than the risks of losing.
Application to the specific case
The appellant raised several grievances against his extradition, which had already been presented to and rejected by the FOJ in the first instance:
- Statute of limitations : He argued that the facts were time-barred under Swiss law. The Court rejects this argument by referring to Art. 8 of the EU Convention on Extradition, which excludes the examination of the statute of limitations under the law of the requested state.
- Judgments in absentia : He claimed that the Greek judgments were rendered in his absence, in violation of his right to a fair trial (Art. 6 ECHR). The Court confirms the FOJ's analysis that the minimum rights of the defense were respected. Based on the principle of trust and good faith between states, it finds no reason to doubt the assurances provided by Greece. It also recalls that the extradition authority does not have to rule on the guilt of the accused.
- Double jeopardy : He claimed to have already served the sentences in question. The Court deems this allegation unsubstantiated and defers to the calculations of the Greek authorities.
The Appeals Chamber finds that the appellant merely reiterates the same arguments as those presented before the FOJ, without providing any new evidence. As the grievances are manifestly unfounded, the appeal is deemed to have no chance of success. Consequently, the substantive condition for granting free legal aid is not met.
Outcome
The Appeals Chamber of the Federal Criminal Court dismisses the appeal. The request for free legal aid is also rejected. The court costs, set at CHF 1,000, are charged to the appellant.
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