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Case law

Schleswig-Holsteinisches Oberlandesgericht 1. Strafsenat, 1 Ausl (A) 45/15 (41/15)

September 2016 - Germany

extradition
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In this decision, a Higher Regional Court found that, in the face of Turkey’s derogations of several rights of the accused under Article 15 of the European Convention on Human Rights, extraditions to Ankara are currently inadmissible. Under the Decree no. 667, adopted after the failed coup, police may arrest a person for up to 30 days without being brought before a judge, and he prosecution is authorised to replace the defence counsel of the accused and even prohibit any communication between the accused and his defender. The Court also noted that, after the arrest of thousands of judges and prosecutors, it must be expected that criminal proceedings will take significantly more time, which is likely to increase the prisons overpopulation. The Court concluded that under these circumstances, not only procedural rights guaranteed under Article 6 of the ECHR would not be respected, but it also had to be assumed that present prison conditions would be in breach of Article 3 ECHR, which is a non-derogable and absolute right and continues to apply times of emergency.

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