Extradition of Suspect Rotterdam

Extradition of Suspects in Rotterdam

Suspect extradition refers to the Netherlands surrendering a person to another country for prosecution or execution of a sentence. This process follows strict rules under Dutch law and international agreements, with safeguards for the rights of those involved. For Rotterdam residents, who often encounter international port-related cases, this is a vital form of cross-border legal assistance.

What does extradition mean for Rotterdam residents?

Extradition, or surrender, is the official transfer of a suspect or convicted person by the requested State (the Netherlands) to the requesting State. It prevents someone from evading justice by crossing borders. In the Netherlands, we apply principles such as dual criminality, speciality, and non bis in idem. At the Rotterdam District Court, this frequently arises in port-related cases, such as drug smuggling.

Two key forms:

• Traditional extradition to countries outside the EU.
• European Arrest Warrant (EAW) for swift EU surrender.

Legal Framework in the Netherlands

The foundation is the Code of Criminal Procedure (CCP), Book 2, Title I (arts. 2-55). For non-EU countries, the Extradition Act (1912, as amended) applies. EU cases fall under the Surrender Act (2005), based on Framework Decision 2002/584/JHA.

Key treaties:

• European Convention on Extradition (1957).
• Bilateral treaties, such as with the US.
• Art. 6 ECHR and Art. 19 EU Charter of Fundamental Rights.

The Netherlands does not extradite its own nationals to non-EU countries (art. 2 CCP), but does so within the EU with safeguards. Rotterdam residents can seek local handling at the Rotterdam District Court.

Extradition Procedure in Rotterdam

Step-by-step process:

1. Submit request: Via diplomatic channels, Eurojust, or Europol.
2. Provisional detention: Arrest based on EAW or national order (art. 12 Surrender Act).
3. Hearing: Before the examining magistrate at the Rotterdam District Court within 24 hours (art. 14).
4. Chamber decision: Ruling within 5 days (art. 16).
5. Appeal: To the Rotterdam Court of Appeal and Supreme Court.
6. Minister: Minister of Justice and Security makes the final decision, subject to review.

EAW procedures take a maximum of 60 days.

Conditions and Grounds for Refusal

Possible if:

• Dual criminality (art. 2 CCP).
• No political, tax, or military offences (art. 3 CCP).
• Minimum sentence of 1 year (art. 2 CCP).
• No non bis in idem.
• Speciality principle.

Refusal in cases of human rights risks (art. 25 Surrender Act).

EAW vs. Traditional Comparison

Rights of Suspects in Rotterdam

You have the right to:

• A lawyer (art. 13 Surrender Act); free advice at the Rotterdam Legal Aid Desk.
• Be heard and present counter-evidence.
• Appeal up to the Supreme Court.
• Protection under art. 3 ECHR (no torture).

Duty to cooperate; otherwise, extended detention.

Practice in Rotterdam

Example 1: Rotterdam port worker arrested on EAW from Belgium for cocaine smuggling. Rotterdam District Court approves surrender after hearing.

Example 2: US request for cyberfraud; Supreme Court refuses due to procedural risks.

Example 3: EAW to Austria for violent offence, despite Dutch background.

Frequently Asked Questions