Our experience

With extensive experience in European Arrest Warrants (EAW) in Cyprus, Economou & Co LLC has developed a strong expertise in handling these complex legal matters. Our team regularly advises clients on EAW-related cases, ensuring an efficient and effective approach to each matter.

Drawing on this expertise, we have prepared this guide to provide valuable insights for both Cypriot and foreign legal practitioners. It outlines key legal principles, procedural steps, and strategic considerations essential in addressing European Arrest Warrants in Cyprus.

Legal Framework

The legal framework governing EAW in Cyprus is comprised of:

1. the Law on the European Arrest Warrant and the Surrender Procedures of Requested Persons Between the Member States of the European Union of 2004 (L. 133(I)/2004) (the “Law”) which transposes EU directives into domestic legislation;
2. the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States, which streamlines extradition within the EU;
3. the Aliens and Immigration Law (Cap. 105) and relevant Regulations; and
4. the Law on the European Investigation Order in Criminal Matters (L. 181(I)/2017) addressing evidence-gathering procedures related to EAW cases.

The Scope and Purpose of a European Arrest Warrant

An EAW is a decision or order issued by a judicial authority of a Member State to facilitate the arrest and surrender of an individual located in another EU Member State and is requested by the competent authorities of the issuing state for:

1. the purpose of conducting a criminal prosecution; or
2. the execution of a sentence or other detention measure.

The issuance of a EAW also requires the existence of a valid national arrest warrant, compliant with the laws of the Issuing State, otherwise the EAW itself is considered invalid and shall be refused (Case C-241/15 Bob-Dogi (2016)).

The primary function of an EAW is to ensure the presence of a suspect for the purpose of conducting a criminal prosecution or executing a custodial sentence or a detention order.

Criminal Prosecution

An EAW may be issued for the purposes of conducting a criminal prosecution in relation to acts punishable under domestic law of the Issuing State by a custodial sentence or a detention order for a maximum period of at least 12 months.

While the term “conducting criminal prosecution” generally includes the pre-trial stage of criminal proceedings, the EAW may not be issued exclusively for investigative purposes, disconnected from the prosecution in the Issuing State (see Court of Cassation, Cass. 32999/24).

Time Limits for the Execution of the EAW

If the requested person has consented to their surrender, the execution of the EAW shall be decided within ten (10) days from the date of the requested person’s declaration of consent.

If the requested person does not consent to their surrender, the final decision on the execution of the warrant shall be made within sixty (60) days from the arrest of the requested person.

In exceptional cases, where the EAW cannot be executed within the time limits set out above, the time limits may be extended by up to thirty (30) days.

Failure to execute within these timeframes may result in procedural delays and legal challenges.

The Surrender Decision and grounds for non-execution

While the Executing State generally has a duty to enforce an EAW under the principle of mutual recognition, exceptions apply:

1. Mandatory Refusal Grounds (Article 13 of L. 133(I)/2004):

1. Amnesty;
2. Ne bis in idem; and
3. Under the age of criminal responsibility.

2. Optional Refusal Grounds (Article 14 of L. 133(I)/2004):

1. Double Criminality (unless the offence falls within one of the 32 exempt categories punishable by at least 3 years of imprisonment under EU law, see Case C-289/15).
2. Ongoing prosecution in the Executing State.
3. Prosecution for the same offence precluded in the Executing State
4. Prosecution or punishment statute-barred
5. Final judgment in EU Member State
6. Final judgment in a third state
7. Offences committed outside the territory of the Issuing State
8. The Executing State undertakes the execution of the sentence

The risk of detention in Cyprus

1. Provisional detention: In urgent cases, the Issuing State may request the competent judicial authority of the Executing State to issue a provisional arrest warrant for a requested person on the basis that the Issuing State intends to issue an EAW. Such provisional detention may not exceed eight (8) days from the date of the requested person’s arrest. If the EAW is not received within the period of 8 days, the arrested person must be released. This, however, does not prevent a subsequent re-arrest if the EAW is received at a later stage.
2. Presentation before Judge: In case of an arrest pursuant to the execution of an EAW, the arrested person must be presented before a judge within twenty-four (24) hours of their arrest. Once satisfied with the individual's identity, the Court informs the arrested person of the existence and content of the EAW, their right to legal counsel and an interpreter, as well as the option to consent to their surrender to the Issuing State. During their first appearance before the Court, the arrested person has two options; either to accept their surrender to the Issuing State; or to challenge their surrender to the Issuing State.
3. Detention and flight risk: The Court may order the detention of the arrested person until it reaches a decision on whether or not to surrender them to the Issuing State. Pursuant to Article 18 of Law 133(I)/2004, the Court shall decide whether detention of the arrested person is necessary to prevent flight. Should a risk of flight be established at a later stage, the Court may order detention.
4. Temporary Transfer: The Issuing State may request the temporary transfer of the arrested person. In case a temporary transfer is granted, the arrested person may return to Cyprus to attend the hearing of the Court procedures concerning their extradition.

Potential Travel Restrictions

Following the issuance of an EAW, there is a significant risk of arrest at any point of entry or exit in the Republic of Cyprus due to the flagging of the EAW in international databases. In the event such person is arrested pursuant to an EAW in Cyprus, they will be unable to travel outside of Cyprus until the extradition process is concluded or the legal situation is resolved.

Conclusion

The EAW remains a cornerstone of judicial cooperation in the EU, balancing efficiency with fundamental rights. While it ensures the swift extradition of individuals, ongoing legal scrutiny is essential to address concerns over proportionality and human rights protections. As case law evolves, both Cypriot and EU courts play a critical role in refining its application, ensuring that due process and procedural safeguards remain at the heart of EAW proceedings.

The content of this article is valid as of the publication date mentioned above. It is intended to provide a general guide and does not constitute legal or professional advice, nor should be perceived as such. We strongly recommend that you seek professional advice before acting on any information provided.