It happens sometimes when a person who is deemed a culprit runs off from one state into another. Thus, a potential criminal can put themselves at risk. They face the feasibility of being sent to the demanding state or finding an asylum in the nation they escaped to.
Such people are in need of special judicial protection.
This article will go over the crucial aspects of international extradition defense Switzerland.
Strategic defense against extradition requests in Switzerland
In order to challenge the demand efficiently, a solid legal plan must be created. You have to:
- Seek a legal assistance for extradition defense Switzerland;
- Review the accusation and prove that the act is not an offense under the local law;
- Demonstrate that the demand is issued on political grounds and show the evidence like political activities or hazards encountered;
- Collect and submit solid proof that the person would encounter violent treatment or unjust trial in the demanding nation;
- Show papers which prove that a person was already tried for the same illicit action;
- Provide proofs that demonstrate corruption, unjust trial, or lack of judicial safeguard. In this manner, challenge the fairness of the requesting nation judicial system;
- If the local FOJ approves expulsion, file an appeal to the Federal Criminal Court in the boundaries of 30 days, and further to the local Supreme Court;
- In case of danger of persecution, apply for asylum;
- Argue that a person can face trial in the country in question, mainly if there are strong ties to the nation.
Protecting your rights under Switzerland legal system
The main points of helping you to navigate and assert your liberties are presented below:
- You have the opportunity to consult with the extradition specialist Switzerland, who helps to sort out all complicated details and processes;
- Always ask for written explanations from the police, authorities, or judicial establishments;
- In case you disagree with resolution, you have the opportunity to object or appeal;
- You are able to make a complaint to oversight bodies;
- In some cases, get backing from NGOs;
- Keep copies of all papers related to your case. They can come in handy later.
Challenging international arrest warrants in Switzerland
Challenging a multinational warrant demands a strategic plan. Here’s the main steps that must be carried out:
- Consult with a professional extradition defense attorney Switzerland. He or she will check the validity of a warrant;
- The cantonal authorities will perform a judicial hearing where you can respond to the request for expulsion. Subsequently, they will issue a warrant on behalf of the FOJ;
- Appeal to the Federal Criminal Court. It must be submitted in the boundaries of 30 days of the resolution;
- In some cases, both you and the FOJ may appeal the criminal courts’ resolution to the local Supreme Court;
- You also have an opportunity to submit a request for setting free from custody;
- Examine the ground you must be able to contest a multinational warrant;
- In case a warrant originates from a multinational judicial establishment (e.g, the ICC), specific processes under the country’s law apply. You are enabled to challenge the jurisdiction of the court.
Preventing unlawful extradition in Switzerland
Preventing deportation can be done using different strategies. Here are some key points you must consider:
- Engaging extradition lawyer Switzerland who specializes in local and multinational laws and regulations. He or she is able to help you in preventing expulsion;
- The alleged offense must be recognized as a crime both in the demanding country and in place where the culprit ran away to;
- A person cannot be handed over if they are targeted for political grounds;
- If there’s a chance the person would face the death sentence or cruel treatment, the country will not hand them over;
- The country in question does not hand over its own citizens;
- If a person has already been tried for the same illegal action in another state, they usually won’t be handed over.
Expert legal representation in extradition hearings in Switzerland
It is vital to engage a criminal extradition lawyer Switzerland who knows the features of multinational regulations.
Specialist’s job is to make sure the expulsion demand follows these rules and does not neglect the person’s liberties.
A lawyer checks if the offense is recognized as a crime both in the demanding country and in the place where the culprit ran away to. In case there is a hazard of torture, unjust trial, or bad prison conditions, the specialist can argue in judicial establishment that the person should not be returned back.
Health issues, family ties, and other humanitarian factors can influence expulsion resolutions.
Negotiating alternative legal solutions in Switzerland
Extradition defense Switzerland offers various legal solutions that can be used instead of returning the person back to another nation.
First of all, you might choose to surrender voluntarily to the nation which issued the demand. This sometimes leads to more favorable terms.
Also, the country in question can decide to prosecute you on its territory for the alleged crime, mainly if you are Swiss resident or citizen.
Expulsion can be rejected if it triggers some hardships related to health, age, or strong ties in the nation.
You also cannot be handed over if the request was issued on political grounds or if there is a hazard of violations of civil liberties.
What’s more, you have the opportunity to challenge the deportation demand through the local legal system. All necessary papers and evidence must be presented.
In some cases, it is possible to negotiate a settlement with the demanding nation, such as agreeing to certain conditions or punishments in exchange for withdrawal of the request.
Assisting with asylum and human rights protections in Switzerland
In case you encounter the demand for expulsion, it is significant to turn to the extradition defense law firm Switzerland. Eternity Law International provides the specialized backing you are in need of.
Our assistance includes:
- Supporting you from the initial consultation throughout the entire process, including representing you in court.
- Creation of plan which is based on your individual situation;
- Safeguard of reputation. A specialist works to lessen any damage caused by public demands or allegations.
In case you need judicial advice, consulting with knowledgeable attorneys significantly raises the possibility of a beneficial result.