FPC, 16.01.2026, RR.2025.197, RP.2025.86
Facts
Croatia has requested that Switzerland extradite one of its nationals, A., for criminal prosecution regarding suspected child rights violations and threats. The Federal Office of Justice (FOJ) granted the extradition. The appellant, who had opposed her extradition, personally filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court. Her court-appointed lawyer from the first instance had informed the Court that their mandate had ended.
Law
Extradition relations between Switzerland and Croatia are governed by the European Convention on Extradition (ECE) and its protocols, supplemented by the Federal Act on International Mutual Assistance in Criminal Matters (IMAC). Fundamental rights, particularly those under the European Convention on Human Rights (ECHR), must be respected. Mutual assistance may be refused if the foreign proceedings involve serious and systemic violations of fundamental guarantees (art. 2 IMAC). Extradition is not excluded for medical reasons, provided that the requesting state can guarantee adequate care (art. 3 ECHR). The right to family life (art. 8 ECHR) must be taken into account according to a principle of proportionality. Free legal aid is granted if the appeal is not manifestly devoid of any chance of success (art. 65 APA).
Application to the specific case
The Appeals Chamber examined and rejected all of the appellant's grievances.
- Procedural grievances: The Court ruled the request to declare that Croatia is not a "safe state" inadmissible, due to a lack of a protectable interest. It also rejected allegations of a violation of the right to legal aid in the first instance (a court-appointed lawyer having been appointed and paid by the state) and the right to be heard (the FOJ's decision being sufficiently reasoned).
- Violation of art. 3 ECHR (inhuman treatment): The appellant failed to demonstrate a concrete and serious risk that the necessary medical care would not be provided to her in Croatia.
- Violation of art. 6 ECHR (fair trial): The allegations of structural deficiencies in the Croatian judicial system were not sufficiently substantiated to reach the threshold of a serious and systemic violation justifying a refusal of extradition.
- Violation of art. 8 ECHR (family life): The argument regarding separation from her daughter was dismissed, as the child already lives in Croatia and the appellant has not seen her for five years. Extradition would therefore not aggravate a pre-existing separation.
- Legal aid for the appeal: As the appeal was deemed manifestly devoid of any chance of success on all points, the request for legal aid for the appeal proceedings was rejected.
Issue
The Appeals Chamber dismissed the appeal to the extent that it was admissible. It also denied the request for legal aid and ordered the appellant to pay court costs of CHF 500.
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