There is no extradition treaty with Argentina in Germany. Extradition to Argentina - the eighth largest country in the world - can, however, take place without extradition treaty. Extradition requests from Argentina would have to be transmitted through diplomatic channels. Following an Argentinean search by Interpol, provisional extradition custody can be ordered in Germany.

German extradition lawyer: Argentina`s assurances are problematic

In 2015, the Higher Regional Court of Dresden declared extradition in extradition proceedings with Argentina to be inadmissible, with reference to the conditions of detention there. Remarkable about this decision was above all the handling of the Argentine assurances that minimum standards would be observed, to which the Higher Regional Court of Dresden, however, did not give the decisive value.

Particular attention may also have to be paid in Argentina to the access of prisoners to medical treatment in detention if there are signs of significant health problems in Germany during the extradition procedure.

The legal situation in Argentina appears clear at first, but the picture can be misleading in reality. In criminal proceedings in Argentina, freedom from self-incrimination applies, i.e. the accused is not obliged to testify. In Argentina the issuing of an arrest warrant is subject to the judge's approval, i.e. the warrant is issued by the judge responsible for the respective criminal proceedings. The issuing of an arrest warrant presupposes sufficient suspicion and the expectation that it is not only a matter of a sentence which is later suspended for probation. In addition, there must be either a risk of flight or a danger of collusions. At first glance, therefore, the legal situation in Argentina is not very different from the German situation, but it is necessary to clarify in each individual case how it is actually handled.

In Argentina, an accused may file an application for "release from custody" during criminal proceedings. The judge can then order a bail and impose reporting obligations on the accused. In the case of an extradition request from Argentina, the option cannot be ruled out from the outset of finding a solution for the persecuted person also via the request for an exemption from arrest in Argentina. Even during extradition proceedings, applications for exemption from arrest and applications for exemption from arrest may be filed which do not require the presence of the persecuted person, but which have no suspensive effect until their decision.

German extradition lawyer: Very poor conditions of imprisonment 

In view of the decision of the Higher Regional Court of Dresden cited above, defence from the point of view of the conditions of imprisonment also appears promising in general. About 36 million people live in Argentina, almost half of them in the greater Buenos Aires area, where there are thirty-four prisons. There are three high-security prisons in the country. The conditions of detention are highly problematic, the conditions are inhuman, humidity and dirt everywhere and the sanitary facilities are prehistoric. According to the available reports, it is never guaranteed that remand and imprisonment in the Argentine Republic will be carried out in a prison which corresponds to the main principles of the German basic law.

Other aspects of defence against extradition to Argentina depend on the individual case, although extradition traffic between Germany and Argentina is not so intensive that typical constellations could be used on the basis of case law.