Extradition is a formal legal process in which one country requests the surrender of an individual to face prosecution or serve a sentence for a crime committed in the requesting state. This mechanism is critical for international law enforcement in a globalized world where borders are easily crossed. However, extradition laws also safeguard the rights and safety of individuals. In Cyprus, the framework for extradition varies depending on whether the request originates from a European Union (EU) country or a non-EU state.

Extraditions to Non-EU Countries

Extraditions between Cyprus and non-EU countries are governed by the Fugitive Offenders Law of 1970 (Law 97/1970), as amended, along with applicable bilateral or multilateral treaties. Key agreements include:

• European Convention on Extradition: As a signatory, Cyprus adheres to the mutual extradition obligations outlined in this convention, which includes all Council of Europe member states1 as well as Israel, South Africa, and South Korea.
• Bilateral Agreements: Cyprus has extradition treaties with several countries, ratified by specific laws. These include agreements with Egypt (Law 13(III)/1996), Libya (Law 25(III)/2002), the United States (now governed by the EU-U.S. treaty effective since 2010), Iran (Law 1(III)/2019), China (Law 12(III)/2019), Jordan (Law 8(III)/2022), and Kazakhstan (Law 5(III)/2023).

Extraditions to EU Member States

For extraditions within the EU, Cyprus uses the European Arrest Warrant (EAW), a streamlined judicial mechanism designed to facilitate the surrender of individuals for prosecution or to serve a custodial sentence. Cyprus adopted Law 133(I)/2004 which transposes the Council’s Framework Decision on the EAW into national law.

An EAW is issued by a judicial authority in one Member State and is valid across the EU. It applies to:

1. Prosecuting offences punishable by at least 12 months of imprisonment.
2. Enforcing custodial sentences of at least 4 months.

Key Features of the European Arrest Warrant

• Time Limits: Decisions must be made swiftly—within 10 days if the individual consents to surrender and within 60 days if they do not.
• No Double Criminality Check: For 32 serious offences (e.g., terrorism, trafficking), there is no need to confirm that the act is a crime in both countries.
• Judicial Autonomy: Judicial authorities make decisions independently, without political interference.
• Safeguards: The executing state may require guarantees, such as reviewing life sentences or allowing the individual to serve their sentence in the executing state if they are a national or resident there.
• Grounds for Refusal: An EAW may be declined under certain conditions, such as amnesty, previous prosecution for the same offence, age of criminal responsibility, ongoing proceedings, or insufficient safeguards in trials held in absentia.
• Proportionality Check: Authorities must evaluate the offence's seriousness, the potential penalty, and the interests of victims to ensure the EAW's proportionality.
• Procedural Rights: Individuals subject to an EAW are entitled to interpretation, legal representation, information about their rights, and access to legal aid.

Legal Representation

Navigating the complexities of extradition laws and European Arrest Warrant procedures requires expert legal representation to ensure that rights are fully protected and all legal avenues are explored. Our firm has extensive experience in these matters, offering comprehensive assistance to individuals facing extradition requests or EAWs, including guidance through procedural requirements and expert representation in court.

1 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, and the United Kingdom