Extradition to Peru is possible, although no extradition treaty exists between Germany and Peru. Extradition documents from Peru must comply with the Hague Convention of 5 October 1961 and must be transmitted through diplomatic channels. The preliminary extradition detention can be ordered in Germany because of Peru's search at Interpol.

No extradition treaty with Peru

After the political unrest of the past decades and due to the permanent confrontation with national terrorism, Peru is actually always pursuing numerous persecuted persons worldwide with international arrest warrants, so that in recent years the German judiciary has also had to deal several times with extradition requests from Peru.

The case decided by the Higher Regional Court of Cologne was our second dispute with the Peruvian judiciary. Whereas in the first case the Berlin Appellate Court had declared extradition admissible and only the Federal Office of Justice refused to grant extradition to Peru, in the second case the Higher Regional Court of Cologne already ruled against extradition at the admissibility level.

The persecuted was spared from extradition custody by the Higher Regional Court of Cologne after only two weeks against a high security deposit. After eight months, the court finally decided against the extradition and issued the following guideline: The extradition of a persecuted person to Peru, who has been acquitted by the Peruvian courts of the accusation of membership in the terror organization "Luminous Path", is inadmissible because of the prohibition of double persecution ("ne bis in idem"), if the acquittal sentence is later reversed in appeal proceedings by a so-called "faceless court". OLG Cologne, decision of 22.08.2008.

The otherwise published case law on extradition requests from Peru essentially raises problems with the conditions of detention there:

German extradition lawyer on case law

The Higher Regional Court of Stuttgart does not fear any violation of minimum standards in the conditions of detention in Peru and justifies this, among other things, with a written assurance of the President of the National Institute for Prison in Peru. However, the Higher Regional Court of Stuttgart sees that the extradition of the persecuted would be inadmissible if the conditions of detention prevailing in Peru did not comply with the internationally binding minimum standards for the treatment of prisoners as set out in Art. 3 ECHR in conjunction with the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of 26 November 1987 (cf. Schomburg/Lagodny, Internationale Rechtshilfe in Strafsachen, 3rd ed, 73 IRG marginal 99a) and from the "Standard Minimum Rules for the Treatment of Prisoners" (Resolutions of the UN Economic and Social Council of 31 July 1957 and 13 May 1977; http://www.unhchr.ch) and the "Basic Principles for the Treatment of Prisoners" (UN General Assembly resolution of 14. 12. 1990; http://www.un.org/documents) - OLG Stuttgart, resolution of 07.04.2006.

OLG Frankfurt a.M.: The extradition of a persecuted person to Peru is inadmissible, since the conditions and conditions of detention in Peruvian prisons are often incompatible with international minimum standards and constitute violations of human rights - OLG Frankfurt a.M., Decision of 24 February 1999.