In this section information will be given on extradition between the Member States of the Council of Europe.

Background

The European Convention on Extradition was concluded under the auspices of the Council of Europe in 1957. The Convention has been ratified by 43 Member States, excluding Bosnia and Herzegovina, San Marino and Monaco. Also Israel and the Republic of South Africa have ratified it. Finland acceded to the Convention in 1971.

Finland’s accesion was accompanied by the enactment of the Act on Extradition. In preparing the Act note was taken of the provisions of the Convention to the effect that they both are more or less uniform in content.

Extradition within the Council of Europe Member States is a two-phased procedure as opposed to extradition within the European Union Member States. Extradition is usually initiated by provisional arrest after which a request for extradition is submitted.

Extradition from Finland

As a rule, extradition commences when a wanted person is caught and taken into custody on the strenght of an international arrest warrant.

The Requesting State will be notified of the time frame (usually 30 days from capture) within which it has to submit an official extadition request to the Ministry of Justice. Extradition for prosecution always requires the existence of a domestic arrest warrant for the offence(s) for which extradition is sought. An extradition request has to contain a copy of the arrest warrant. Extradition for the enforcement of sentence requires the existence of an enforceable prison sentence. If the time limit is not complied with, the person has to be released.

Upon receipt of an extradition request the Ministry of Justice forwards the documents to the National Bureau of Investigation with a view to an urgent investigation. In this phase the wanted person shall have access to an attorney who will be compensated out of public funds. In practise the investigation encompasses the questioning of the wanted person.

The person whose extradition is sought has a right to submit a request to the Supreme Court for review of the case. The Ministry of Justice may always ask the Supreme Court to review the merits of the case as well. If the Court finds an impediment to extradition the request shall not be acquiesced to. In any other case the Ministry of Justice shall decide whether the request is to he accommodated.

If the Supreme Court gives a green light and no other impediment exists, the Ministry of Justice shall order the person extradited to the Requesting State. The decision shall contain a condition according to which the person shall not be prosecuted or punished for an offence not mentioned in the extradition decision. Neither shall he/she be extadited to a third state unless a the Ministry of Justice consents thereto.

The Requesting State shall be notified of a time limit within which the person has to be transferred from Finland to the Requesting State.

Extradition to Finland

Extradition for prosecution is initiated by the issue of a domestic arrest warrant by a competent court. Extradition for the enforcement of sentence is conditioned on the existence of an enforceable sentence. The person will then be sought with the help of an international arrest warrant if his/her whereabouts are unknown.

Upon capture of the fugitive Finnish authorities are notified of a time frame within which an extradition request has to be submitted to the Requested State. The Ministry of Justice shall formulate the request on the initiative of the competent authority. Relevant documentation will be attached and the package will be sent to the Requested State.

After extradition has been granted the person has to be transferred to Finland within the time limit set by the Requested State. The transfer will be taken care of by the National Bureau of Investigation.

In Finland the person will usually be kept in custody until the beginning of the trial, although release from custody with an obligation to stay in the jurisdiction is not excluded.

Finnish authorities are obligated to abide by the conditions set by the Requested State (speciality rule).

Updated on 5 April 2006