Extradition of Suspects in the Delft Region
Extradition of a suspect means that the Netherlands hands over a person to another country for prosecution or execution of a sentence. This process follows strict rules under Dutch law and international agreements, with safeguards for fundamental rights. For Delft residents, this is relevant in cross-border cases; the District Court of The Hague handles these proceedings for the region.
What is extradition?
Extradition (or surrender) is the formal transfer of a suspect or convicted person from the requested State (the Netherlands) to the requesting State. It prevents individuals from evading justice by fleeing abroad. In the Netherlands, we apply principles such as dual criminality, specialty, and non bis in idem. Delft residents can consult the Juridisch Loket Delft for guidance.
Main types:
- Traditional extradition to non-EU countries.
- European Arrest Warrant (EAW) for swift EU surrender.
Legal frameworks
The rules are set out in Book 2, Title I of the Code of Criminal Procedure (CCP) (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 international treaties include:
- European Convention on Extradition (1957).
- Bilateral treaties, such as with the United States.
- Art. 6 ECHR (fair trial) and Art. 19 EU Charter.
The Netherlands generally does not extradite its own nationals to non-EU countries (art. 2 CCP), but does so within the EU with safeguards.
Procedural steps
The process at the District Court of The Hague (for Delft):
- Request: Via diplomatic channels, Eurojust, or Europol.
- Provisional arrest: Based on EAW or national order (art. 12 Surrender Act).
- Hearing: Before the examining magistrate within 24 hours (art. 14).
- Chamber: Decision within 5 days (art. 16).
- Appeal: To the Court of Appeal and Supreme Court.
- Minister: Final decision by the Ministry of Justice and Security, subject to review.
EAW procedures take a maximum of 60 days.
Conditions for consent
Possible if:
- Dual criminality (art. 2 CCP).
- No political, fiscal, or military offenses (art. 3 CCP).
- Minimum 1 year sentence (art. 2 CCP).
- No non bis in idem.
- Specialty: Only for specified offenses.
Refusal if risks such as torture (art. 25 Surrender Act).
Comparison EAW and traditional
| Aspect | EAW (EU) | Traditional (non-EU) |
|---|---|---|
| Duration | Max. 60 days | Weeks to years |
| Criminality | Not always required (32 offenses) | Always |
| Dutch nationals | Yes, with safeguards | Usually no |
| Decision-maker | Court | Minister after court |
Rights of suspects in Delft
You have the right to:
- A lawyer (art. 13 Surrender Act).
- A hearing and to present a defense.
- Appeal to the Supreme Court.
- Protection under Art. 3 ECHR against ill-treatment.
Contact the Juridisch Loket Delft for assistance. The Municipality of Delft provides information through local channels.
Practical examples
Example: Delft resident arrested on EAW from Belgium for theft. District Court of The Hague approves surrender after hearing.
US request for fraud: Refused due to trial risks.
Austrian murder case: EAW approved despite nationality.
Frequently asked questions
Can a Dutch national from Delft be extradited?
Yes, within the EU via EAW absent refusal grounds. Non-EU usually not (art. 2 CCP).
How long does it take?
EU: up to 60 days. Non-EU: weeks to a year+.
Wrongful extradition?
Contact a lawyer or Juridisch Loket Delft immediately. Provide evidence of unfair trial or lack of criminality.
Can I be extradited to non-EU countries?
In principle no for Dutch nationals, unless voluntary.