Switzerland Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Switzerland — Requested and Requesting State

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Switzerland

Switzerland Extradition Law & Case Law — 18 cases

1
As requested
state
17
As requesting
state
Case Law
Risk of inhuman or degrading treatment and reliability of the requesting State
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Summary
Risk of inhuman or degrading treatment and “reliability” of the requesting state: Switzerland is a member of the council of europe, has never been sanctioned for violations concerning detention conditions, and has not been included among the countries generally affected by systemic prison overcrowding. this means that the extradition request does not originate from a jurisdiction that is impermeable to the fundamental principles of the rule of law, nor from one in which such principles, although formally in force, are currently suspended, nor, finally, from a jurisdiction that has adopted prison overcrowding as a deliberate systemic choice or knowingly tolerates its persistence. moreover, the mere allegation of prison overcrowding in the requesting state does not, in itself, constitute a ground for refusing extradition. only in the presence of widespread situations of established incompatibility—manifested in forms attributable to deliberate choices or conscious acceptance by the competent authorities—can a concrete risk arise that a detainee would be subjected to inhuman or degrading treatment. otherwise, it is necessary to identify specific and concrete deficiencies, linked either to the individual’s particular circumstances (such as their state of health) or to actual situations of abuse.
08/10/2024 · Italian Supreme Court · 41482/2024
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Country Contributor
Philippe Vladimir Boss
MLL Legal
Philippe Vladimir Boss’ practice focuses on investigations in criminal, internal and administrative matters, as well as the corresponding litigation, in financial, commercial, personal or reputational aspects of business. Clients range from financial institutions, commodity trading companies, SME in various sectors and private individuals, He also advises sport governing bodies in ethics, disciplinary or governance matters.
Philippe Boss’ expertise covers white-collar crime prosecution and defense, freezing of assets, asset tracing, international assistance in criminal, administrative and civil matters, assistance to plaintiffs, witnesses and targeted individuals in hearings, forensic searches, internal hearings, commercial litigation and arbitration, governance advice, ethics and disciplinary proceedings, enforcement of foreign awards, protection of media reputation and crisis management.
He is member of International Shooting Sport Federation Integrity Unit: Adjudicatory Board; Juge suppléant au Tribunal neutre du canton de Vaud; Chairman of the Independent Monitoring Group, International Weightlifting Federation (IWF); Arbitrator and mediator of the Sport Resolution’s International Panel; Chairman within the Arbitral Tribunal of the Self-regulatory Organisation of the Swiss Federation of Lawyers and the Swiss Federation of Notaries; Board member of the Tennis-Club Stade-Lausanne; Board member of the Vaud Bar Association (2022-2025).
Country Contributor
Loris Baumgartner
Wenger Vieli
Senior Associate at Wenger Vieli, Loris Baumgartner represents and advises individuals and companies in proceedings before judicial and regulatory authorities.
As a criminal defense attorney, he focuses particularly on representing parties before law enforcement agencies.
Loris Baumgartner also regularly advises clients on the preparation, execution, and follow-up of internal and regulatory investigations.
He is currently writing his doctoral dissertation in the field of corruption law.
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