TPF, 04.02.2026, RR.2025.162
Facts
The Argentine authorities have requested, via Interpol, the arrest of A., a Dutch national, for the purpose of extradition to face prosecution for cocaine trafficking. Arrested in July 2025 in Aargau, he was placed in provisional and subsequently formal extradition detention by the Federal Office of Justice (FOJ).
Following receipt of the formal extradition request and further exchanges between the Swiss, Argentine, and Dutch authorities (the latter having waived any competing request), the FOJ granted the extradition on September 29, 2025.
A. appealed to the Appeals Chamber of the Federal Criminal Court, seeking the annulment of the decision and his release, or alternatively, the referral of the case back to the FOJ for further investigation.
Law
Extradition relations between Switzerland and Argentina are governed primarily by the Extradition Treaty between Switzerland and the Argentine Republic of November 21, 1906 (hereinafter: CEArg). The alleged offenses are not explicitly included in the list of crimes provided for in Art. II of the CEArg. However, in accordance with case law, this treaty does not preclude extradition based on more favorable domestic law, in particular the Federal Act on International Mutual Assistance in Criminal Matters (IMAC).
Under the principle of favor, Swiss law applies when its conditions are less strict than those of the treaty. The appeal procedure is governed by the IMAC and the Federal Act on Administrative Procedure (APA).
An appeal against an extradition decision must be filed within 30 days (art. 55 IMAC). The Court reviews the raised grievances freely, without being bound by the parties' submissions.
Application to the specific case
The Appeals Chamber first admitted the admissibility of the appeal. It held that the advance on costs had been paid in a timely manner, or at the very least, that any slight delay did not justify excessive formalism.
On the merits, it held that even if the offenses in question were not explicitly listed in the 1906 bilateral treaty, extradition could be granted based on Swiss domestic law (IMAC), in accordance with case law regarding the principle of favor.
No grounds for refusal based on applicable legislation or the protection of fundamental rights were found. The Court thus confirmed the legality of the extradition decision issued by the FOJ.
The ancillary request for release, which was dependent on the outcome of the appeal, was also rejected.
Issue
The Complaints Chamber dismisses the appeal as well as the request for release.
A court fee of CHF 3,000 is charged to the appellant, with the advance payment already made being deducted and the balance of CHF 39.47 being refunded to them.
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