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Executed Copy

1. Criminal Division

1 AK 19/15
3 Ausl A 57/15

Extradition of
Turkish national Hüseyin Çınar
from Germany to Turkey
for execution of sentence

Decision from 9 March 2015

The request of the Attorney General's Office Karlsruhe to issue a provisional extradition order
is rejected.

The immediate release of the defendant is ordered.


The application of a provisional extradition warrant by the State Attorney General Karlsruhe
was to be rejected, as there is a high probability that the extradition of the victim to Turkey
will not be permitted due to the INPOL search warrant of 04.11.2011. (§§ 16, 15 Abs.2 IRG,
vgl. Senate StV 2007, 652).

According to the delivery documents which are at the hand of the Division, the persecuted is
recognized as a political refugee in Switzerland due to a decision of the Federal Office for
Refugees of 04.07.2003 and enjoys protection against a transfer to Turkey. Such recognition
of a persecuted person as a political refugee in a West Europe country has significance in
extradition proceedings, so that the persecuted person generally enjoys the same rights as
with domestic asylum recognition. (OLG Karlsruhe, decision of 27.05.2004, 1 AK 40/04 - in
juris). Although the decision of a German asylum authority would not be binding for the
Division, rather it would be independent and self-responsible to check whether there is a
threat of political persecution (i.s.d. § 6 Abs. 2 IRG) or other obstacles to extradition, it has
significant importance together with the recognized decision of the administrative authority.
(Division StV 2007, 652). Admittedly, such an testimonial assessment could be precluded by
the fact that the persecuted person is accused of committing an act of terrorist violence (see
Division StV 2004, 442), indeed it remains crucial in the overall assessment of the foreseeable
admissibility of extradition to consider that the persecuted person has already been detained
in Turkey for six years in this case and has been released for health reasons, with evidence
indicating that these were also due to the circumstances of the detention. In this situation, it
does not appear to the Division as probable that the extradition will be permissible; rather, in
the case of a summary assessment, its inadmissibility is to be expected.

The refusal to issue a provisional extradition order leads to immediate release.

Karcher Guthman Böhm
Chairman Judge Judge Judge
at the Higher Regional Court at the Higher Regional Court at the Higher
Regional Court

Issued by
Maier, Justice Main Secretary
Registrar of Office
(Seal and signature)