Extradition

Extradition is the surrender by the Republic of Armenia of a person located on its territory and wanted by a foreign state, for the purposes of criminal prosecution, trial, or execution of a sentence.

Extradition matters are regulated by the Law of the Republic of Armenia “On Legal Assistance in Criminal Proceedings.”

In which cases may the Republic of Armenia refuse extradition?

On the grounds provided for by an international treaty

Unless otherwise provided by international treaties ratified by the Republic of Armenia, a request for extradition made by the competent authority of a foreign state shall be refused if:

there are reasonable grounds to believe that the request for extradition was made in order to prosecute or punish the person sought on account of race, religion, nationality, membership in a particular social group, or political opinion;
there is a serious risk that, if extradited, the person will be subjected to torture, cruel, inhuman, or degrading treatment or punishment;
the request concerns the extradition of a citizen of the Republic of Armenia;
under the laws of the Republic of Armenia, criminal prosecution cannot be initiated or a sentence cannot be enforced due to the expiry of limitation periods or other lawful grounds;
a final judgment has already been rendered in Armenia in respect of the same act, or a decision has been issued to terminate proceedings, discontinue prosecution, or refuse initiation of prosecution;
the person sought is accused of an offense punishable by death under the requesting state’s law, and the requesting state fails to provide the assurances required under Article 37(1)(4) of the above-mentioned law;
the person would be tried by an extraordinary court, or the judgment to be enforced was issued by such a court;
the person has been sentenced to imprisonment for less than six months in the requesting state, or extradition is sought for an act punishable by less than one year of imprisonment under either Armenian or foreign law;
extradition is sought to enforce a judgment rendered in the absence of the accused, and the requesting state does not provide the guarantees required by Article 38 of the above-mentioned law;
extradition would endanger the security, public order, or other vital interests of the Republic of Armenia;
on other grounds provided for by international treaties.

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Which authority decides on extradition?

The Prosecutor General’s Office
In cases concerning criminal proceedings at the pre-trial stage.
The Ministry of Justice
In cases where proceedings are already before the court or a judgment has been issued.

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What is the procedure for appealing extradition decisions?

Decisions authorizing extradition are subject to judicial review

An appeal against such decisions may be filed:

to the Court of First Instance of General Jurisdiction within 10 days of receipt of the decision,
to the Court of Appeal within 5 days of receiving the decision of the Court of First Instance,
to the Court of Cassation within 5 days of receiving the decision of the Court of Appeal.

What guarantees may Armenia require prior to extradition?

The competent authority of Armenia may request from the requesting state assurances necessary for extradition, including that:

The person, once extradited, will be prosecuted or held criminally liable only for the offense in respect of which extradition was granted.

The person will not be extradited or transferred to a third state without the consent of the competent authority of Armenia.

The person will be free to leave the requesting state after completion of the proceedings for which extradition was sought, or after serving the imposed sentence.

The death penalty will neither be imposed nor executed.

The person will enjoy access to legal aid and protection available under the law of the requesting state and will not be subjected to torture, inhuman or degrading treatment or punishment, or discrimination based on sex, race, color, ethnic or social origin, genetic features, language, religion, worldview, political or other opinion, or membership in a national minority.

In cases where extradition is sought to enforce a judgment rendered in the absence of the accused, the person will be granted all legal means to exercise the right of defense and to ensure a fair trial, including the right to a retrial in his or her presence or at least to a review of the conviction.

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Extradition

Facing extradition? MB Legal provides expert legal assistance to individuals in Armenia facing extradition requests. Our extradition lawyers will help protect your rights and ensure a fair process. Contact us today for a consultation.

Extradition

In which cases may the Republic of Armenia refuse extradition?

On the grounds provided for by an international treaty

Unless otherwise provided by international treaties ratified by the Republic of Armenia, a request for extradition made by the competent authority of a foreign state shall be refused if:

Need help with extradition proceedings?

Which authority decides on extradition?

The Prosecutor General’s Office

The Ministry of Justice

MB Legal is featured on

What is the procedure for appealing extradition decisions?

Decisions authorizing extradition are subject to judicial review

An appeal against such decisions may be filed:

What guarantees may Armenia require prior to extradition?

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