Telephone monitoring in extradition procedures

With an order dated 9 November 2018, the 1st Criminal Senate of the Higher Regional Court of Bremen (1 Ausl.A 33/18) drew again attention to the fact, that telephone surveillance and the use of technical means to determine the whereabouts of the persecuted person is also possible in extradition proceedings.

The Bremen Higher Regional Court was concerned with establishing the scope of its own substantive jurisdiction covering measures of telecommunications surveillance in extradition cases. While the decision on the issuing of an extradition warrant and the decision on the admissibility of the extradition are normally at issue, the Bremen Higher Regional Court - as an "annex" - has also declared itself to be competent to order measures of telecommunications surveillance and the use of technical means to determine the whereabouts of the persecuted person, if this appears necessary in order to secure extradition.

According to the Higher Regional Court in Bremen, this does not require a separate request for legal assistance from the foreign state, which is specifically directed at the performance of measures of telecommunications surveillance (this was about extradition to France on the basis of an EU arrest warrant). It is only important for the jurisdiction that the telecommunications surveillance is ordered to determine the whereabouts of the persecuted person and thus to secure the requested extradition. The Bremen Higher Regional Court is not alone in this view, the Berlin Higher Regional Court and the Hamm Higher Regional Court have already made similar decisions.

However, the Higher Regional Court may only order measures of telecommunications surveillance to determine the whereabouts of the persecuted person in extradition proceedings if the special requirements for the issuance of the requested measures pursuant to §§ 100a, 100e, 100g, 100i StPO are met.