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Extradition to Australia is judged in accordance with the German-Australian extradition agreement of 14 April 1987 (BGBl. 1990 II p. 110, 716), which is still applicable and in principle allows mutual extradition for prosecution and execution. The extradition agreement with Australia also allows extradition to Australia for fiscal offences.
However, extradition of German nationals to Australia is precluded by the constitutional protection of Article 16 II p. 1 of the German Basic Law.
In Germany, the preliminary extradition detention order may be issued against a foreigner on the basis of the Interpol search if extradition to Australia is foreseeable. In any case, there is extradition traffic between European countries and Australia, and I believe that many more requests for extradition from Europe go to Australia than vice versa, but that too is limited. In 2012 and 2013, Germany made no extradition request to Australia; in 2014, Germany made only one extradition request to Australia; more recent official figures are not yet available. Conversely, in 2007, Australia requested and was granted extradition from Spain for execution of sentence. I have the impression that there is no very lively extradition traffic with Australia, which is certainly also connected with the relative isolation of the fifth continent.
Australia is generally associated with the settlement of English prisoners. Australia today has a dedicated prison system that is committed to the rehabilitation of prisoners and attaches particular importance to their integration into the post-prisonment labour process. A particular problem is the high proportion of Aborigines (1,748/100,000), while otherwise 145 prison inmates are counted per 100,000 inhabitants.
Our firm maintains a 24 Hour Emergency Line +49(0)172-2112373 or +49(0)172-7056055
Rechtsanwälte Dr. Martin Rademacher & Lars Horst, LL. M. - Germany