FCPC, 08.04.2026, RR.2026.29
Facts
On February 10, 2026, the Federal Office of Justice (FOJ) initiated a mutual legal assistance procedure with the Republic of Kosovo. It requested the consent of the Kosovar authorities for the transfer of A., a Kosovar national, so that he could serve the remainder of his sentence, handed down by the Bülach District Court on October 8, 2024, in his home country. The FOJ's decision specified that the transfer would only take place after final consent had been obtained from both states.
On March 13, 2026, A., through his legal representative, filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court. Simultaneously, he submitted a request for free legal aid and the appointment of court-appointed counsel.
However, in a document dated March 27, 2026, and received by the court on March 30, 2026, A. declared that he was withdrawing his appeal. On the same day, the FOJ filed its response, requesting the dismissal of the appeal that had just been withdrawn.
Law
The Appeals Chamber reiterates the applicable legal framework. Regarding appeals in the field of international mutual legal assistance, the provisions of the Federal Act on Administrative Procedure (APA) apply on a subsidiary basis, provided that the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) does not provide otherwise.
Procedurally, the withdrawal of an appeal has the effect of rendering it moot. The proceedings therefore become devoid of purpose and must be struck from the court's docket. This removal extends to all ancillary claims made within the scope of the appeal, including any request for legal aid.
Regarding costs, the party withdrawing their appeal is, in principle, considered the unsuccessful party. As such, they must bear the court costs in accordance withArt. 63 para. 1 APA. The calculation of court fees is governed by the Federal Criminal Court's Regulation on Costs, Fees, and Expenses (RCFE).
Application to the specific case
In this instance, the appellant A. formally communicated to the court his intention to withdraw the appeal he had initially filed against the FOJ's decision. This unilateral act terminates the proceedings and renders the case moot.
Consequently, the Appeals Chamber finds that the case has become moot. There is no longer any need to rule on the merits of the appeal or on the claims attached to it. The main appeal proceedings (RR.2026.29) as well as the ancillary proceedings regarding the request for legal aid (RP.2026.13) must be struck from the docket.
In accordance with legal principles regarding the allocation of costs, the appellant, by withdrawing his action, is considered the unsuccessful party. He must therefore bear the costs of the proceedings. Taking into account all the circumstances of the case, particularly the prompt withdrawal of the appeal, the Court sets the court fee at 200 francs, pursuant to Art. 63 para. 5 APA, 73 FCA, as well as Art. 5 and 8 para. 3 let. a RFPPF.
Outcome
The Complaints Chamber of the Federal Criminal Court orders the removal of the appeal proceedings from the docket, as they have become moot due to their withdrawal by the appellant.
A court fee of 200 francs is charged to the appellant A.
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