How do German courts assess fair trial risks when considering extradition to countries with weak judicial systems? - Intercollegium Law Firm
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How do German courts assess fair trial risks when considering extradition to countries with weak judicial systems?

German courts apply a rigorous standard under Article 6 ECHR and the Grundgesetz, requiring concrete evidence of systemic or individual fair trial deficiencies. Courts examine prison conditions, judicial independence, access to defence counsel, and historical treatment of similar defendants. Expert evidence and reports from organisations like the Council of Europe or UN bodies carry significant weight. The Oberlandesgericht will not extradite where there is a real risk of flagrant denial of justice, but the burden falls on you to substantiate these concerns with country-specific documentation.

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