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Extradition from the Federal Republic of Germany to Egypt (officially the Arab Republic of Egypt) is basically possible without an extradition treaty. Before extradition to Egypt, however, the suspicion of guilt can be verified by the relevant German Higher Regional Court. Extradition of German nationals to Egypt does not take place (Article 16 II 1 basic law).
The state of prisons and conditions of detention in Egypt are known to be poor, and this has not changed right now.
In addition to poor detention conditions, there are also concerns of torture and ill-treatment during interrogations, and there are fundamental concerns about the rule of law in the judiciary.
Already in a decision of 2005, the German Federal Constitutional Court annulled an order of the Frankfurt/Main Higher Regional Court concerning the admissibility of extradition to Egypt, because it was incompatible with the provisions of German basic law which requests a binding minimum standard. The extradition request was based on a decision rendered in absentia.
In 2010, the Higher Regional Court of Cologne refused extradition to Egypt because of the poor prison conditions: "At the request of the Public Prosecutor's Office, the Federal Foreign Office stated in a letter dated 6 November 2009 that the prison conditions in Egyptian prisons were very difficult. Accommodation is in group cells, whose occupancy rate often corresponds to double the normal occupancy rate due to the basic overcrowding of the prisons there. The equipment of the cells and the hygienic conditions are therefore problematic. There was practically no medical care for the prisoners. ... The Senate therefore has reasonable grounds for believing that, in the event of his extradition, even taking into account his 68-year age and the duration of the sentence imposed (10 years), he is subject to "inhumane conditions of detention which make extradition inadmissible".
According to the report by Amnesty International 2015 / 2016, criminal justice in Egypt continues to serve as an instrument of state repression. Civilians are brought before military courts for "terrorism". Egypt carries out the death penalty.
In countries such as Egypt, there is no guarantee of medical care in prison and it is precisely poor prisoners who who don`t have support from outside the prison, who do not have access to adequate medical treatment.
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