🇺🇸 United States →

Following certification of the requested person’s extradition from the United States to Türkiye, the requested person renewed her application for release, relying on the existence of special circumstances and the court’s general authority to consider bail before and after certification. The District Court held that an extradition court has no discretion to grant bail where the governing treaty expressly requires the requested person to remain detained until the extradition request is determined and, if granted, until surrender. It found that Article 9 of the United States–Türkiye Extradition Treaty was a self-executing provision binding on the court as the supreme law of the land under the Supremacy Clause. The court rejected the special-circumstances argument and distinguished earlier authority granting bail because that authority had not considered the treaty’s mandatory-detention clause.

The case concerned extradition proceedings under the U.S.–Germany extradition treaty, in which the defendant sought revocation of a detention order entered pending extradition. He argued that special circumstances justified release, relying on his medical condition, alleged delays in the extradition proceedings, and family responsibilities, and further maintained that he was not a flight risk. On de novo review, the District Court held that none of those factors amounted to special circumstances capable of overcoming the presumption against bail in extradition cases. Because no special circumstances were established, the Court denied the motion to revoke the detention order without reaching a final determination on flight risk or danger to the community.