Extradition of Suspect in Amsterdam

Extradition of Suspects in Amsterdam

Extradition of a suspect means that the Netherlands surrenders someone to another country for prosecution or enforcement of a sentence. This follows strict rules under Dutch law and international agreements, with due regard for fundamental rights. For Amsterdam residents, this is relevant due to the international airport Schiphol and the port, where many cross-border cases arise. Seek advice from the Juridisch Loket Amsterdam.

What does extradition mean?

Extradition (or surrender) is the official transfer of a suspect or convicted person from the requested state (the Netherlands) to the requesting state. It prevents someone from escaping justice by crossing the border. The Netherlands applies principles such as dual criminality, specialty, and non bis in idem. Many such cases are handled at the Amsterdam District Court.

Two main forms:

• Traditional extradition to countries outside the EU.
• European Arrest Warrant (EAW) for fast-track EU surrender.

Legal basis

The rules are set out in Book 2, Title I of the Code of Criminal Procedure (DCCP) (arts. 2-55). For non-EU countries, the Extradition Act (1912, as amended) applies. EU cases fall under the Surrender Act (2005), based on Framework Decision 2002/584/JHA.

Key treaties:

• European Convention on Extradition (1957).
• Bilateral treaties, such as with the United States.
• Art. 6 ECHR and Art. 19 EU Charter of Fundamental Rights.

The Netherlands generally does not extradite its own nationals to non-EU countries (art. 2 DCCP), but does so within the EU with safeguards.

Extradition procedure in Amsterdam

Step-by-step:

1. Request: Via diplomatic channels, Eurojust, or Europol.
2. Provisional detention: Based on EAW or national order (art. 12 Surrender Act), often at Schiphol.
3. Hearing: Before the examining magistrate within 24 hours (art. 14 Surrender Act), at the Amsterdam District Court.
4. Chamber decision: Within 5 days (art. 16).
5. Appeal: To the Court of Appeal and Supreme Court.
6. Minister: Minister of Justice and Security makes the final decision.

EAW procedure: Maximum 60 days.

Conditions and refusals

Possible if:

• Dual criminality (art. 2 DCCP).
• No political, fiscal, or military offenses (art. 3 DCCP).
• Minimum 1 year sentence (art. 2 DCCP).
• No non bis in idem.
• Specialty principle.

Refusal if risk of human rights violations (art. 25 Surrender Act).

Comparison EAW and traditional

Rights of suspects in Amsterdam

You have the right to:

• A lawyer (art. 13 Surrender Act); free via Juridisch Loket Amsterdam.
• A hearing and to present evidence.
• Appeal to the Supreme Court.
• Protection against torture (art. 3 ECHR).

Obligation to cooperate; otherwise longer detention.

Real-world examples

Example 1: Amsterdam resident arrested at Schiphol on EAW from Belgium for theft. Amsterdam District Court approves surrender after hearing.

Example 2: US request for cyberfraud; refused by Supreme Court due to trial risks.

Example 3: EAW case for murder, surrender to Germany approved despite Amsterdam roots.

Frequently asked questions