Extradition, Eaw, Case Law and Practice
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500 cases indexedSeizure in Extradition proceedings: requesting State information may establish reasonable Suspicion
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Summary
The appellant was arrested in Singapore pursuant to a United States extradition request concerning alleged computer fraud, wire fraud and money laundering offences, and electronic devices, storage media and bank cards were seized during the arrest. The appellant challenged the seizure and later sought judicial review of the magistrateโs refusal to declare the items unlawfully seized. The Court of Appeal dismissed the appeal, holding that the magistrate lacked supervisory jurisdiction to determine the legality of the police seizure, that criminal revision should have been exhausted before judicial review was pursued, and that no arguable case for quashing the magistrateโs decision had been established. The Court further held that, under the Extradition Act, authorised officers may ordinarily rely on credible information supplied by the requesting State without conducting an independent investigation, unless that information is patently wrong or the property plainly has no connection with the alleged offences.
04/08/2026 ยท Court of Appeal of the Republic of Singapore ยท [2026] SGCA 36 (Court of Appeal / Civil Appeal No 48 of 2025)
๐ธ๐ฌSingapore โ ๐บ๐ธUnited States
Procedural orderExtraditionPending asylum proceedings and refugee status: surrender to Germany not barred
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Summary
The Italian Court of Appeal ordered the surrender of the requested person to Germany pursuant to a prosecution European Arrest Warrant concerning aggravated theft offences. The appellant argued, inter alia, that the pending challenge against the rejection of his application for international protection triggered the principle of non-refoulement, that his social and occupational ties in Italy justified execution of any future sentence in Italy, and that double criminality had not been adequately established. The Supreme Court held that non-refoulement protection based on refugee status did not prevent surrender because refugee status and subsidiary protection had both been expressly denied, notwithstanding the fact that the refusal was under appeal; it also found that the five-year residence requirement under Italian EAW law was not met. The Court further reiterated that double criminality does not require identical criminal offences in the two legal systems, but only that the conduct be punishable in both, and declared the appeal inadmissible.
04/08/2026 ยท Italian Supreme Court ยท 29786/2026
๐ฎ๐นItaly โ ๐ฉ๐ชGermany
GrantedEAWEAW to Spain: serious indications of a crime is no longer required
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Summary
The requested person challenged an Italian appellate judgment ordering surrender to Spain for prosecution in connection with an aggravated robbery allegedly committed in Ibiza. He argued that the European Arrest Warrant lacked a sufficient evidentiary basis, that flight risk was absent, and that personal and family medical circumstances should prevent surrender. The Supreme Court of Cassation declared the appeal inadmissible, holding that, following the 2021 reform of Italian EAW legislation, the warrant is no longer required to set out serious indications of guilt or include a separate account of the evidentiary sources, provided that it adequately describes the circumstances of the offence and the requested personโs degree of participation. The Court further held that the executing judicial authority may not reassess the precautionary requirements underlying the warrant, while health-related concerns ordinarily pertain to the execution phase rather than constituting grounds for refusal.
30/07/2026 ยท Italian Supreme Court ยท 29083/2026
๐ฎ๐นItaly โ ๐ช๐ธSpain
GrantedEAWExecution of the sentence in another member state does not preclude surrender where the judgment and certificate have not been transmitted
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Summary
The requested person challenged his surrender from Italy to Poland for the execution of a sentence concerning tax fraud and accounting offences, arguing that France had previously refused surrender on nationality grounds and had agreed to recognise and enforce the same Polish judgment. The Supreme Court held that the refusal by the French authorities did not preclude execution of the Polish EAW because there was no evidence that Poland had transmitted the judgment and the certificate required by Framework Decision 2008/909/JHA or that enforcement had actually begun in France. A French summons concerning a hearing on possible alternatives to detention could not be treated either as a valid EAW or as a formal request for surrender. Since Poland had confirmed that the EAW remained valid, while remaining willing to consider enforcement of the sentence in France, the appeal was dismissed and surrender to Poland was upheld.
28/07/2026 ยท Italian Supreme Court ยท 28572/2026
๐ฎ๐นItaly โ ๐ต๐ฑPoland
GrantedEAWState immunity denied for remote spyware hacking causing injury in the United Kingdom
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Summary
Two Bahraini pro-democracy activists brought civil proceedings alleging that agents of Bahrain had remotely infected their computers in the United Kingdom with spyware, conducted intrusive surveillance and caused them psychiatric injury. By a majority, the Supreme Court held that section 5 of the State Immunity Act 1978 applies where legally causative acts occur in the United Kingdom, even though the operation was initiated abroad and the foreign Stateโs agents were never physically present there. The installation and operation of spyware on computers located in the United Kingdom, including the accessing and exfiltration of data and activation of cameras and microphones, constituted causative acts within the jurisdiction. Bahrain was therefore not entitled to State immunity, and its appeal was dismissed; Lord Leggatt dissented, considering that an act occurs where the human actor is located rather than where its effects are produced.
27/07/2026 ยท Supreme Court of the United Kingdom ยท [2026] UKSC 25
๐ฌ๐งUnited Kingdom โ ๐ง๐ญBahrain
Procedural orderOtherMandatory treaty detention forecloses bail despite special circumstances
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Summary
Following certification of the requested personโs extradition from the United States to Tรผrkiye, the requested person renewed her application for release, relying on the existence of special circumstances and the courtโs 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 StatesโTรผrkiye 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 treatyโs mandatory-detention clause.
23/07/2026 ยท United States District Court for the District of Massachusetts ยท No. 24-mj-01198-DLC; 2026 WL 2123048
๐บ๐ธUnited States โ ๐น๐ทTurkey
Decision on precautionary measureExtraditionJoin the network
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