Extradition of Suspect from Tilburg

Extradition of Suspects from Tilburg

Extradition of a suspect means that the Netherlands hands someone over to another country for prosecution or enforcement of a sentence. Strict rules from Dutch laws and international agreements apply to Tilburg residents, safeguarding fundamental rights. This involves international cooperation in criminal matters and is relevant if you live in Tilburg and could become involved.

What does extradition mean for Tilburg residents?

Extradition is the official handover of a suspect or convicted person by the requested state (the Netherlands) to the requesting state. It prevents impunity by residing in the Netherlands, such as in Tilburg. Key principles include dual criminality, specialty, and non bis in idem. In the Tilburg area, proceedings often begin at the Zeeland-West-Brabant District Court in Breda.

Two variants:

• Traditional extradition to non-EU countries.
• European Arrest Warrant (EAW) for swift EU surrender.

Legal Basis

The rules are set out in the Code of Criminal Procedure (Sv), Book 2, Title I (arts. 2-55). For non-EU countries: Extradition Act (1912, as amended). For the EU: Surrender Act (2005) implementing the EAW via Framework Decision 2002/584/JHA.

Key treaties:

• European Convention on Extradition (1957).
• Bilateral treaties, such as with the US.
• 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 Sv), but does so within the EU subject to safeguards.

Extradition Procedure in the Tilburg Region

Steps:

1. Request: Via diplomatic channels, Eurojust, or Europol.
2. Provisional arrest: Based on an EAW or national order (art. 12 Surrender Act), often locally in Tilburg.
3. Hearing: Before the examining magistrate within 24 hours at the Zeeland-West-Brabant District Court (Breda) (art. 14).
4. Chamber decision: Ruling within 5 days (art. 16).
5. Appeal: To the Court of Appeal and Supreme Court.
6. Minister: The Minister of Justice and Security makes the final decision, subject to review.

EAW: Maximum 60 days until surrender.

Conditions and Grounds for Refusal

Possible if:

• Dual criminality (art. 2 Sv).
• No political, fiscal, or military offenses (art. 3 Sv).
• Minimum 1-year sentence (art. 2 Sv).
• No non bis in idem.
• Specialty: Only for specified offenses.

Refusal is mandatory in cases of human rights violation risk (art. 25 Surrender Act). Contact Juridisch Loket Tilburg for advice.

EAW vs. Traditional Comparison

Rights of Suspects from Tilburg

You have the right to:

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

Obligation to cooperate; otherwise, extended detention.

Practical Examples

Example 1: Tilburg resident arrested on EAW from Spain for drugs. Breda chamber approves surrender despite family ties in Tilburg; transferred within 10 days.

Example 2: US request for fraud; Supreme Court refuses due to trial risks (art. 25).

Example 3: Tilburg case with EAW to Austria for violence; approved despite nationality.

Frequently Asked Questions