release from prison after extradition from the Netherlands based on EAW

District Court Düsseldorf, Court's Order of 13.03.2017 – cancellation of a German arrest-warrant, Court's Order 13.11.2015 - 150 Gs-60 Js 503/14 - 846/14 - release from prison after extradition from the Netherlands based on EAW 

The European Arrest Warrant was unnecessary from the start. Two years later, on March 13th, 2017, the 12th Grand Chamber of the Duesseldorf District Court of Justice lifted the German National Arrest Warrant against our client. She is Durch citizen and lives in the Netherlands, from where she was extradited to Germany in November 2015 for the alleged crime of drug trafficking. The basis for the extradition procedure was a European Arrest Warrant, which the Public Prosecutor in Düsseldorf had sent to the Netherlands, after another defendant in a drug trial conducted in Duesseldorf had severely burdened our client as a drug trafficker. As it turned out the European Arrest Warrant was unnecessary from the start.

When our client was presented to the judge in Duesseldorf, Germany, after her extradition, it was possible to convince the judge, to release her without bail back to the Netherlands. The judge was convinced as a result of the fact that our client had completely voluntarily undergone the extradition procedure in the Netherlands. During the extradition proceedings she was not in custody in the Netherlands, but even so appeared voluntarily for all court hearings, including the last one in Amsterdam where she knew that she would be arrested for the extradition to Germany.

The judge in Duesseldorf, Germany took adequate account of our client’s interest in freedom which is protected by the second sentence of Article 2.2 GG of the German Basic Constitutional Law. It is particularly pleasing to note that in this there are judges (not only in Germany) who are prepared correct decisions retrospectively.