Extradition Treaties: Austria's Laws And Your Rights

Extradition is a formal process between two countries that enables a person who is accused or convicted of a crime in one country to be legally transferred to that country from another, where they fled to, so that they can be processed by the justice system. While extradition treaties are specific to any two countries, no country has an extradition treaty with all others. Austria, for instance, has extradition treaties with several countries, including Macedonia and Yugoslavia. In 2010, the Austrian Supreme Court ruled in favor of extraditing a fugitive to Macedonia, despite the fugitive's family living in Austria.

What is extradition?

Extradition is a formal, cooperative law enforcement process between two countries. It involves the transfer of an individual accused or convicted of committing a crime in one country (the requesting state) to the custody of the requesting state's law enforcement. Ordinarily, once a person crosses a national border, representatives from the first country cannot pursue them. However, extradition establishes cooperation between the law enforcement agencies of both countries, allowing the requesting state to apprehend fugitives and other wanted criminals.

Extraditions between any two countries are typically regulated by an extradition treaty, which outlines the specific offenses for which a person can and cannot be extradited. The consensus in international law is that a state does not have any obligation to surrender an alleged criminal to a foreign state because one principle of sovereignty is that every state has legal authority over the people within its borders. Such absence of international obligation has led to the creation of a web of extradition treaties or agreements.

There are two types of extradition treaties: list and dual criminality treaties. The most common and traditional is the list treaty, which contains a list of crimes for which a suspect is to be extradited. Dual criminality treaties generally allow for the extradition of a criminal suspect if the punishment is more than one year of imprisonment in accordance with the laws of both countries. Under both types of treaties, if the conduct is not considered a crime in both countries, it will not be an extraditable offense.

In addition to legal aspects, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting state. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.

Does Austria extradite its citizens?

Austria does extradite its citizens, but only under certain conditions. The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled in favor of extradition when the interests of the Austrian state in preventing disorder and crime outweigh the interests of the citizen in remaining in Austria.

Austria's extradition policy is governed by the European Convention on Extradition, the Treaty on Extradition between Yugoslavia and Austria (applicable to Macedonia), and the Austrian Act on Extradition and Mutual Assistance in Criminal Matters. The Austrian Supreme Court has acknowledged that the family life guarantee of the European Convention on Human Rights (ECHR) can lead to the denial of an extradition request. However, in one case, the Court found that the interests of Austria and Macedonia in having sentences served outweighed the fugitive's interests in remaining in Austria with their family.

Austria also has specific laws in place that give it jurisdiction over crimes committed abroad by or against its citizens. This means that Austrian citizens accused of crimes in other countries can be prosecuted and tried in Austria as if the crime had occurred within its borders.

Austria's extradition process is also subject to review by the country's courts, which can impose restrictions or prevent extradition altogether if they deem the accusations to be based on dubious evidence, or if they believe the defendant will not receive a fair trial or will be subjected to cruel, inhumane, or degrading treatment if extradited.

Does Austria extradite non-citizens?

Austria has laws against extraditing its citizens to other countries' jurisdictions. Austrian law explicitly requires that, in the case of an extraditable offence that is punishable by the death penalty in the requesting state, extradition will only be permitted if it is guaranteed that the death penalty will not be pronounced. This is because Austria's Constitution forbids the death penalty.

Austria's extradition treaties with other countries give it the discretion to extradite its nationals, but Austria is prohibited by statute or constitution from doing so. Austria also will not extradite a person if they will face inhumane treatment, torture, or degrading punishment.

Austria does extradite non-citizens, but only if the crime is punishable in both the requesting and receiving states. Austria's extradition law permits the country to return one of its citizens who was temporarily surrendered to it by the United States.

Austria's refusal to extradite suspects or criminals to another country may lead to international relations being strained. The country to which extradition is refused may accuse the other country of refusing extradition for political reasons.

What are the extradition laws in Austria?

Extradition in Austria is governed by the European Convention on Extradition, the Treaty on Extradition between Yugoslavia and Austria (applicable to Macedonia), and the Austrian Act on Extradition and Mutual Assistance in Criminal Matters.

Austria's extradition laws allow for the transfer of custody of an individual to another jurisdiction, provided that certain conditions are met. The process typically involves a formal request from one sovereign jurisdiction to another and is dependent on the arrangements and treaties in place between the two countries.

In one notable case, the Austrian Supreme Court (Oberster Gerichtshof) ruled in favour of extraditing a fugitive to Macedonia, despite the fugitive having a family in Austria. The Court held that the interests of preventing disorder and crime outweighed the fugitive's right to family life under Article 8 of the European Convention on Human Rights.

Austria also has specific laws regarding the extradition of its own citizens. In certain cases, Austria may refuse to extradite its citizens to other countries and instead prosecute them within its own jurisdiction.

What are the conditions for extradition from Austria?

Extradition is a formal, cooperative law enforcement procedure between two countries, where a person who is accused or convicted of a crime in one country but has fled to another can be legally extracted and returned to the first. Ordinarily, once a person crosses a national border, representatives from the first country cannot pursue them.

Extraditions between any two countries are typically regulated by an extradition treaty, which outlines the specific offenses for which a person can and cannot be extradited.

Austria has extradition treaties with several countries, including:

• Macedonia: The Treaty on Extradition between Yugoslavia and Austria, applicable to Macedonia, governed the extradition of a fugitive to Macedonia by Austria.
• Germany: Austria has a treaty with Germany, which is a member of the European Union.

Austria also has an extradition treaty with the United States. The US has extradition treaties with 107 countries worldwide.

In general, an extradition treaty requires that a country seeking extradition be able to show that:

• The relevant crime is sufficiently serious.
• There exists a prima facie case against the individual sought.
• The event in question qualifies as a crime in both countries.
• The extradited person can reasonably expect a fair trial in the recipient country.
• The likely penalty will be proportionate to the crime.

Austria also has laws against extraditing its citizens to other countries' jurisdictions. It often has special laws in place that give it jurisdiction over crimes committed abroad by or against citizens.

Several conditions must be met for extradition from Austria:

• The crime must be eligible for extradition under the relevant treaty: The crime must be listed as an extraditable offense in the relevant extradition treaty.
• The individual must be accused or convicted of a crime in the requesting country: The requesting country must provide evidence and show probable cause that the individual has committed a crime.
• The individual must be located in Austria: The fugitive must be found within Austrian territory for extradition to be carried out.
• The Austrian courts must approve the extradition: The Austrian courts will review the extradition request and ensure that it meets the legal requirements, including human rights considerations.
• The individual must not be an Austrian citizen: Austria has laws against extraditing its citizens and often has jurisdiction over crimes committed by or against its citizens abroad.
• The requesting country must provide assurances: The requesting country may need to provide assurances, such as agreeing to certain conditions or guaranteeing a fair trial and proportional punishment.

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