Extradition in Switzerland: Conditions and Procedure

Extradition in Swiss Law

Extradition is the surrender by Switzerland of a person being prosecuted or convicted to a foreign state that requests it. It is governed by the IMAC (art. 32-53) and by bilateral or multilateral treaties binding Switzerland.

Conditions for Extradition

Extradition is granted if:

1. The offence carries a custodial sentence of at least one year in both states (art. 35 para. 1 IMAC)
2. Dual criminality is satisfied
3. The person sought is identified
4. An arrest warrant or enforceable judgment exists in the requesting state

Grounds for Refusal

Extradition is refused if:

1. The person sought is a Swiss national (art. 7 IMAC) -- but Switzerland may prosecute the person itself
2. The offence is of a political or military nature (art. 3 IMAC)
3. There is a risk of discriminatory treatment (race, religion, nationality, political opinions)
4. The statute of limitations has expired in Switzerland
5. A final judgment has already been rendered for the same facts (ne bis in idem)

Provisional Arrest Procedure

Before the formal extradition request, the requesting state may request provisional arrest of the person via Interpol (art. 44 IMAC). The arrested person must be informed of their rights, including the right to a lawyer.

Extradition Detention

The person whose extradition is sought may be placed in extradition detention during the procedure (art. 47 IMAC). They may request release on conditions.

Rights of the Person Sought

The person sought may:

1. Be assisted by a lawyer
2. Challenge the extradition request
3. Appeal the extradition decision to the FCC and then the Federal Supreme Court
4. Invoke the speciality principle

Simplified Extradition

The person sought may consent to simplified extradition (art. 54 IMAC), waiving the formal procedure. This consent is irrevocable once the surrender has been carried out.