FCPC, 11.24.2025, RR.2025.160
Facts
On October 23, 2025, the Federal Office of Justice (FOJ) authorized the extradition of a Senegalese national, A., to Belgium. The latter filed a handwritten appeal against this decision with the Appeals Chamber of the Federal Criminal Court.
On October 29, 2025, the Appeals Chamber granted A. a deadline of November 10, 2025, to pay an advance on costs of CHF 3,000 and to amend his appeal brief to meet the legal requirements regarding form and content (requests for relief and grounds). The court warned the appellant that failure to comply with these requirements within the allotted time would result in the appeal being declared inadmissible.
The appellant neither paid the advance on costs nor filed an amended appeal brief within the specified time limit. He also did not submit a request for legal aid.
Legal Analysis
In matters of international mutual assistance in criminal matters, the appeal procedure is governed by the Federal Act on Administrative Procedure (APA), unless otherwise provided by the Federal Act on International Mutual Assistance in Criminal Matters (IMAC).
According toArt. 63 para. 4 APA, the appellate authority may require the appellant to pay an advance on costs. If this advance is not paid within the set deadline, and after the appellant has been warned, the authority shall not consider the appeal.
According toArt. 52 para. 1 APA, an appeal brief must contain requests for relief, the grounds for the appeal with an indication of evidence, and the signature of the appellant or their representative. If the requests for relief or their grounds are not sufficiently clear, the authority shall grant a short period to correct the document, failing which it will rule based on the file or decline to consider the appeal if the requests or grounds are missing (Art. 52 paras. 2 and 3 APA).
Application to the present case
The Appeals Chamber notes that the appellant did not pay the CHF 3,000 advance on costs within the set deadline, despite having been duly warned that his appeal would be declared inadmissible in the event of non-payment. This reason alone justifies the decision not to consider the appeal.
Furthermore, the court notes that the initial appeal contained neither clear requests for relief nor grounds, in violation of Art. 52 para. 1 APA. The appellant also failed to take advantage of the deadline granted to remedy this formal defect, despite being warned of the consequences of his inaction. The inadmissibility of the appeal is therefore also pronounced on this second ground.
Outcome
The Appeals Chamber of the Federal Criminal Court does not consider the appeal. The court costs, set at CHF 500, are charged to the appellant.
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