International search and extradition

Imagine the following situation: you are living in Ukraine or abroad, and suddenly you find out that information about you has been entered into Interpol’s database. Or worse still — you are detained at the airport and informed that you are wanted by the law enforcement authorities of another country. At that very moment, the mechanism of international search and extradition comes into effect. What should you do? Where should you turn? Is there any chance to protect yourself? This article explains what extradition and international search are and how to behave in such situations.

What is extradition?

Extradition is a legal procedure whereby one country hands over an individual to another country for the purpose of bringing that person to criminal responsibility or enforcing an already existing court sentence.

It sounds simple, but in practice, it is quite a complicated process that requires meticulous compliance with both national and international law.

In Ukraine, the issue of extradition is governed by Chapter 44 of the Criminal Procedure Code of Ukraine (Articles 573–594), as well as by international treaties, in particular such as the European Convention on Extradition (1957) and the Convention on Extradition (1933).

The initiator of extradition may be either a foreign state submitting a request to Ukraine for the extradition of an individual or Ukraine itself requesting the extradition of its national from abroad. However, each country has its own rules and grounds for making a decision regarding the extradition of an individual.

Who can be extradited?

The basis for extradition is the commission of a crime that carries a punishment of imprisonment for at least one year, or when a person is already subject to imprisonment for a term of at least four months under a sentence passed in the country that is seeking the extradition.

However, even if at first glance the offence seems ‘serious’, this does not guarantee that extradition will happen automatically.

For example, if a foreign country submits a request for extradition on the basis of an offence that is not punishable by imprisonment under Ukrainian law — the extradition request will be refused.

It is important to note that Article 25 of the Constitution of Ukraine prohibits the extradition of Ukrainian citizens. However, in such cases, criminal proceedings may be initiated against that person in Ukraine at the request of the foreign state.

What is international search?

International search refers to declaring a person wanted beyond the borders of a single state for the purpose of future detention and extradition. Most often, this mechanism is implemented through the Interpol system. The main tool used is the so-called Red Notice — a signal to law enforcement agencies in other countries about the need to detain a particular individual.

It should be emphasised that Interpol does not establish guilt but only assists in the person’s search and detention. The decision regarding extradition is made by each country individually.

Abuse of Interpol mechanisms for political purposes (for example, against opposition figures) is fairly common. Removal from Interpol’s database is possible — this requires a substantiated legal position and an appeal to the appropriate bodies.

How does the extradition procedure work?

The procedure consists of the following distinct stages:

1. Detention of the individual (in Ukraine or another country) on the basis of a request or a Red Notice from Interpol.
2. Temporary arrest — up to 40 days for receiving a full package of documents from the state initiating the request.
3. Receipt and verification of the extradition request — the central authority (either the Office of the Prosecutor General or the Ministry of Justice) conducts the extradition check.
4. Judicial review — an investigating judge reviews the legality of the arrest, the validity of the request, and the possibility of applying a simplified procedure.
5. Decision on extradition or refusal. If the person agrees, the procedure may be completed more quickly.
6. Actual transfer of the person or their release.

On what grounds can extradition be refused?

Ukraine (as well as other countries) may refuse extradition if:

• the individual is a citizen of Ukraine;
• the offence committed is not punishable by imprisonment;
• the statute of limitations for criminal prosecution has expired;
• the person has been granted refugee status or additional protection;
• there is a threat of torture, inhuman or degrading treatment, or violation of human rights in the requesting country;
• the offence is of a political or military nature.

There is also the “ad hoc” rule (also known as the principle of specialty), which provides that a person who has been extradited may not be prosecuted, sentenced, or detained for the purpose of serving a sentence or order of detention for any offence other than that for which the extradition was granted.

What rights does a person subject to extradition proceedings have?

The Criminal Procedure Code of Ukraine (Article 581) provides several important guarantees for individuals facing extradition proceedings:

• the right to know the nature of the accusations and which country has submitted the request;
• the right to have legal counsel and communicate with them confidentially;
• the right to receive translations of documents and to participate in court hearings;
• the right to appeal against arrest and the extradition decision;
• in certain cases, the right to waive the special “ad hoc” rule and agree to a simplified procedure.

Foreign nationals also have the right to meet with a representative of the consulate of their home country.

Practical advice: what to do in case of threat of extradition?

1. Do not ignore the situation. Even if the request seems absurd, any delay works against you.
2. Contact a lawyer specialising in international law. A general lawyer may not be familiar with all the nuances of extradition procedures.
3. Check the validity of the request. Sometimes cases are based on political motives or questionable evidence.
4. Do not make any statements without a lawyer present. Anything you say may be used against you.
5. Gather evidence in your favour. This could include medical certificates, refugee status documentation, or any documents proving your innocence, and so on.