Extradition of Suspects in Den Haag
Extradition of a suspect in Den Haag means that the Netherlands hands over a person to another country for criminal prosecution or enforcement of a sentence. This process follows strict rules under Dutch law and international agreements, with due regard for the rights of those involved. As a resident of Den Haag, you may encounter these procedures at the Den Haag District Court, which deal with international judicial cooperation in criminal matters.
What exactly is extradition?
Extradition, or extradition proper, is the official transfer of a suspect or convicted person from the requested State (the Netherlands) to the requesting State. It prevents someone from escaping justice by residing in Den Haag or elsewhere. Key principles include dual criminality, speciality, and non bis in idem, as laid down in the law.
Two variants:
- Traditional extradition to countries outside the EU.
- European Arrest Warrant (EAW) for swift handling within the EU.
Legal basis for extradition in Den Haag
The basic rules are set out in the Code of Criminal Procedure (Sv), Book 2, Title I (arts. 2-55). For non-EU countries, the Extradition Act (1912, as amended) applies. Within the EU, the Surrender Act (2005) governs the EAW under Framework Decision 2002/584/JHA.
Relevant treaties:
- European Convention on Extradition (1957).
- Bilateral treaties, such as with the US.
- Art. 6 ECHR and Art. 19 EU Charter.
The Netherlands does not extradite its own nationals to non-EU countries (art. 2 Sv), but does so within the EU with safeguards. In Den Haag, with its international legal environment, EAW cases are common.
The extradition procedure in Den Haag
Steps in practice:
- Request: Via diplomatic channels, Eurojust or Europol.
- Provisional arrest: On EAW or national order (art. 12 Surrender Act), often in Den Haag.
- Hearing: Before the examining judge of the Den Haag District Court within 24 hours (art. 14).
- Chamber: Decision within 5 days (art. 16).
- Appeal: To the Court of Appeal and Supreme Court.
- Minister: Of Justice and Security makes the final decision, subject to review.
EAW: Maximum 60 days until surrender.
Conditions for extradition
Possible if:
- Dual criminality (art. 2 Sv).
- No political, fiscal or military offences (art. 3 Sv).
- Minimum 1 year sentence (art. 2 Sv).
- No non bis in idem.
- Speciality principle.
Refusal in cases of human rights risks (art. 25 Surrender Act).
Comparison EAW vs. traditional extradition
| Aspect | European Arrest Warrant (EU) | Traditional extradition (non-EU) |
|---|---|---|
| Procedure duration | Max. 60 days | Months to years |
| Dual criminality | Not for 32 offences | Always |
| Extradition of Dutch nationals | With safeguards | In principle no |
| Decision-maker | Judge | Minister after judge |
Rights and obligations of the suspect in Den Haag
Rights:
- Legal counsel (art. 13 Surrender Act); start at Den Haag Legal Aid Office.
- Hearing and presenting evidence.
- Appeal to Supreme Court.
- Protection under art. 3 ECHR.
Obligation: Cooperate, or face extended detention.
Practical examples from the Den Haag region
Example 1: Den Haag resident arrested on EAW from Spain for drugs. Den Haag District Court approves surrender despite family arguments; gone within 10 days.
Example 2: US request for fraud; Supreme Court refuses due to trial risks (art. 25).
Example 3: Case involving Austrian murder; EAW approved despite nationality.
Frequently asked questions
Can a Den Haag resident be extradited?
Yes, within the EU via EAW without refusal grounds. Non-EU: usually not, unless renunciation of nationality (art. 2 Sv). Consult Den Haag Legal Aid Office.
How long does it take in Den Haag?
EU: max. 60 days. Non-EU: weeks to a year, with local hearings at Den Haag District Court.
What if extradition is unjustified?
Contact a lawyer immediately via Den Haag Legal Aid Office. Prove unfair trial or lack of criminality.
Can I be extradited to non-EU countries?
In principle no as a Dutch national, but check local options at Den Haag District Court.