FPC, 24.10.2025, RR.2025.78 and RR.2025.92
Facts
The Albanian authorities have requested the extradition of one of their nationals, A., for the offenses of "providing the necessary conditions for a murder," "participation in a structured criminal group," and "commission of offenses by criminal organizations." He is accused of having participated, as part of a criminal group, in the planning of the assassination of B., notably by attempting to locate the victim in August 2020.
A., who was serving an anticipatory sentence in Switzerland for other crimes, opposed his extradition. He argued that the request was politically motivated, that his life would be in danger in Albania, and that the Albanian state was responsible for the murder of his father and two of his brothers.
The FOJ authorized the extradition but submitted the political offense exception raised by A. to the Appeals Chamber of the FPC, as provided by law. A. also appealed the FOJ's extradition decision to the FPC. The FPC joined the two proceedings.
Law
Extradition cooperation between Switzerland and Albania is governed by the ECExtr, as well as its additional protocols and, subsidiarily, by the federal act ITA.
- Political offense exception (art. 3 ECExtr ; art. 2 and 3 ITA) : Extradition is not granted for a political offense. It is also refused if the requested state has serious reasons to believe that the request is intended, under the guise of a common law offense, to prosecute or punish a person for political, racial, religious, or national considerations. The person being prosecuted must credibly demonstrate the existence of serious and objective risks of discrimination.
- Double criminality and description of facts (art. 2 and 12 ECExtr) : Extradition is only granted if the alleged acts are punishable under the laws of both states. The requested authority is bound by the statement of facts in the request, unless it contains manifest errors, omissions, or contradictions. It is not required to examine questions of fact or guilt, nor to assess evidence. Under Swiss law, preparatory acts for murder are punishable (Art. 260bis of the Swiss Criminal Code).
- Proof of alibi (Art. 53 IMAC) : If the person being prosecuted claims they can prove they were not at the scene of the crime at the time of the events, the Swiss authority will carry out the necessary verifications. According to case law, this proof must be provided "without delay and without further investigation." It is not the role of the Swiss authorities to conduct in-depth inquiries.
Application to the specific case
The Federal Criminal Court (FCC) examined and rejected all of the appellant's arguments.
- Regarding the description of facts and dual criminality : The FCC ruled that the statement of facts in the Albanian request was sufficiently precise to examine the conditions for extradition. The contradictions alleged by the appellant (notably his supposed collaboration with the alleged instigator of his own brother's murder) relate to the assessment of evidence, which is the responsibility of the trial judge in Albania and not the extradition authority. The alleged acts, namely locating a victim for the purpose of murder, constitute criminal preparatory acts under Art. 260bis of the Swiss Criminal Code. The condition of dual criminality is therefore met.
- Regarding the alibi : The appellant claimed that at the time of the events, he was participating in funeral ceremonies for his brother and produced statements from relatives. The FCC deemed that these elements did not constitute clear and immediate proof of his absence from the scene of the crime, as required by case law. Verifying this alibi would require an assessment of evidence that goes beyond the scope of extradition proceedings.
- Regarding political offenses : The FCC concluded that the appellant had not demonstrated that the Albanian criminal proceedings were a pretext for persecution based on political opinions, which he did not specify in any case. Fears of reprisals from third parties (members of criminal organizations) do not constitute a legal ground for refusing extradition. The FCC reiterated the principle of trust in the requesting state, as Albania is a party to the ECHR, and noted that diplomatic guarantees regarding the appellant's detention conditions had been provided. The political offense exception was therefore dismissed.
Outcome
The Federal Criminal Court rejected the political offense exception and dismissed the appeal against the extradition decision. Consequently, the extradition of A. to Albania was confirmed. The request for legal aid was also rejected, as the appellant's actions were deemed to have no chance of success. Legal costs amounting to CHF 3,000 were charged to the appellant.
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