Does Switzerland extradite

Answer 1

Extradition Proceedings in Switzerland

Search and Arrest

As rule, extradition proceedings in Switzerland start with a foreign request for search by an Interpol National Bureau or a Ministry of Justice. The Federal Office of Justice (FOJ, Section on Extradition) examines whether the request contains all the necessary information. If the place of abode in Switzerland is known, the FOJ orders the competent police force to arrest the wanted person. If not, the FOJ puts the fugitive's name into the computerized search system "RIPOL" for arrest.

The police arrest the wanted person and immediately inform the FOJ. The police also seize evidence and goods acquired as a result of the offence when making the arrest.

Simplified proceedings take place if the arrested person declares at the hearing that he agrees to be immediately extradited. The FOJ is informed without delay regarding the fugitive's consent and said office may - based on the consent - grant extradition and order the surrender. In the best case such a simplified extradition may be executed within hours.

Handling of the extradition request

If the person pursued refuses to be extradited, the FOJ will issue an extradition warrant. At the same time this office invites the requesting State to submit a formal request for extradition. As a rule the requesting State has to file the formal extradition request within 18 days at the FOJ. This time-limit may be extended up to 40 days.

The cantonal investigating judge or the cantonal police formally present the extradition warrant issued by the FOJ to the person pursued and draw up the minutes of the hearing (procès-verbal). The person pursued has the right to communicate with the consular representative of his native country. He may file an appeal against the Swiss extradition warrant at the Federal Criminal Court; the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court. The person pursued may also file, at any time, a request for release.

If the formal extradition request is received by the FOJ in due time, the detention awaiting extradition is extended until the end of the extradition proceedings. If the FOJ has decided to enter into the case, it sends the extradition request to the competent canton for the hearing. The cantonal authority hears the person pursued regarding the extradition request, explains the extradition procedure and draws up the minutes of the hearing (procès-verbal).

Based on this procès-verbal and a possible statement by the fugitive's counsel, the FOJ may render the extradition decision in the first instance. The FOJ examines whether the formal and material conditions of an extradition are fulfilled. It namely clarifies if the acts attributed to the person pursued in the extradition request would also be punishable under Swiss law. Questions of guilt and facts are not examined in the extradition procedure, i.e., the FOJ does not examine whether the person pursued has really committed the offence.

After that the FOJ formally presents its extradition decision to the person pursued. If he does not declare within five days that he will file an appeal, then the extradition is executed.The person pursued may file an appeal at the Federal Criminal Court within 30 days upon service of the extradition decision. Said Court decides the appeal after the FOJ has submitted its written position. In particularly important cases, the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court.

Answer 2

Yes, international extradition is more time-consuming thatn domestic estradition but they will not extradite defendants who are subject to a death penalty.