Federal Constitutional Court stops Russian extradition on appeal from Prof. Dr. Sommer
- Created: 20 December 2021
The Higher Regional Court of Düsseldorf decided to extradite a Russian citizen to Russia without any further legal concerns, although the citizen had shown in detail the danger of political abuse during his criminal proceedings. He had lost his fishing company after alleged abuses were denounced in a production during an annual Putin TV event. This very successful enterprise found new, Putin-loyal owners within days - according to the submission by the complainant. After the Higher Regional Court of Düsseldorf found this depiction insufficient to substantiate political exploitation of the criminal proceedings, the Federal Constitutional Court overturned the extradition decision. Prof. Dr. Sommer's constitutional complaint was successful in its entirety. Karlsruhe has criticised the Higher Regional Court for not dealing with the specific depictions of the complainant. This court may now make a further attempt to comply with its constitutionally guaranteed duty to protect the citizen to be extradited. If - as is evident in the present case - there are serious grounds for assuming political persecution in the target state, the Higher Regional Court must in principle declare the requested extradition inadmissible.