A country is trying
to bring you in — and the paper just arrived.
Extradition requests, European Arrest Warrants, MLA letters, foreign summonses — they all look alike, they all feel overwhelming, and they all come with deadlines that matter more than the panic. We translate the document, classify the risk, and coordinate a defence across every jurisdiction involved.
Dual-criminality partially satisfied for § 263 and § 267; however, § 299-a raises a non-extraditable offence under Art. 3 ETE. Grounds for refusal are available and will be invoked.
Art. 3 PoliticalArt. 6 Prosecution riskArt. 2(1) Non bis in idem
Dr. A. Brunner, LL.M.
Lead Counsel · Geneva Bar
V
Valken · CH
MMXXVI
Diplomatic · via BJ-Bern
File VK-4182-E
ACTIVE MATTER
Objection filed
Refusal grounds · Art. 3, 6
First, let's get the words right
Three things people mix up — and why it matters.
"Extradition" is used loosely in everyday conversation. In law it means a specific procedure, with specific consequences, governed by specific treaties. Knowing which one you're actually facing is the first step, because each has a different defence and a different clock.
01
Extradition request
A formal treaty-based demand by one state to another: "hand this person over to us, for trial or to serve a sentence." It is a diplomatic and judicial procedure that can take months, sometimes years. You are almost never immediately deported — there is process, and there is a defence.
Treaty-based · weeks to months
02
European Arrest Warrant (EAW)
A streamlined extradition tool between EU member states (plus Ireland/NI arrangements). Much faster than classic extradition and with narrower grounds for refusal — but the protections that still apply are real. Most of the defence is procedural, and deadlines are very short.
EU-wide · 60–90 days
03
MLA / legal request
Mutual Legal Assistance: the requesting state wants information, documents or witness evidence — not the person. Often arrives as a summons, a letter rogatory, a freezing order, or a production notice. Still serious, still answerable, but on a completely different track than extradition.
Evidence-focused · variable
Decode the paper you received
The document in your hands — what is it, really?
The most common documents our clients arrive with, in order of severity. If you already know which one you have, you can scroll ahead. If you don't, send us a redacted photo — we'll tell you on the same day.
Summons · Ladung · Convocation Low severity
A court or prosecutor wants you to appear as a witness
Usually arrives registered mail. Says where, when, in what capacity. Not an accusation — but how you answer (or refuse) has legal consequences and often protects your later position.
Severity
Letter rogatory · Rechtshilfeersuchen MLA
A foreign authority is asking your country for evidence about you
Travels through diplomatic or judicial channels. The local authority executes it unless you object — and you usually can, on specific grounds. Time-sensitive: objection windows are typically 10–30 days.
Severity
Foreign indictment · Anklageschrift Serious
You have been formally charged abroad, in absentia or otherwise
A state has moved past investigation into prosecution. This is the moment to establish counsel — in both jurisdictions. What you say now, what you don't say, and through which channel, shapes the next 18 months.
Severity
European Arrest Warrant · EAW High severity
An EU state wants you transferred under the Framework Decision
Short timelines, narrow refusal grounds, but real ones: specialty, proportionality, fundamental-rights concerns. Executed locally once the person is identified. We file substantive objections and coordinate bail where possible.
Severity
Formal extradition request Critical
A sovereign state is asking for your transfer via treaty
Diplomatic document, treaty-based, routed through Ministries of Justice. The case is now litigated under the treaty and domestic extradition law. Refusal grounds include political motivation, prosecution risk, dual criminality, non-bis-in-idem, humanitarian concerns.
Severity
How extradition actually unfolds
Red Notice to courtroom. The six-phase pipeline.
Extradition doesn't happen overnight. It moves through distinct procedural phases — each with its own window of opportunity for the defence. This is where the fight actually is.
I
Alert
Red Notice or EAW issued
A state enters your name into Interpol or SIRENE. You may not yet know.
II
Contact
Border or police check
The alert surfaces at a Schengen crossing or during a routine identity check.
III
Arrest
Provisional detention
40-day window (classic) or 10 days (EAW) for the formal request to arrive.
IV
Filing
Formal request transmitted
Diplomatic or judicial channel. Translations, authentications, full dossier.
V
Defence
Judicial review & objections
Refusal grounds filed. Bail applications. Appeals all the way up.
VI
Decision
Grant · refuse · conditional
Even a grant often carries specialty clauses and conditions we negotiate.
Where we add the most value: Phases II through V. The earlier we open a case, the more room we have. Clients who reach us at Phase I or II — before arrest, when there's still a known risk — almost always fare better than those who reach us after detention. If you've already been arrested, call us from the station or have a family member call. We work with a local-counsel network across Europe and can have representation in the room within hours, not days.
Where we coordinate
One client. Multiple jurisdictions. One strategy.
Cross-border cases fall apart when different lawyers in different countries work at cross purposes. Valken's role in an extradition matter is not just to appear in Switzerland — it is to be the single strategic point coordinating every lawyer involved, from the requesting state to any third countries where you hold rights, status or assets.
We don't parachute into unfamiliar systems. We work with a tight network of partner counsel in each jurisdiction below — people we've worked with for years, who answer their phones.
European Convention on Extradition (ETE)The 1957 Council of Europe framework still applied for non-EU cases in Europe.
EAW Framework Decision (2002/584/JHA)For EU-internal matters, including post-Brexit UK arrangements.
Swiss IMAC / IRSG federal statuteSwitzerland's domestic code governing mutual legal assistance and extradition.
Bilateral treaties with non-European statesUS, CA, AU and select others — where specific treaty text matters heavily.
Active jurisdictions
Last 36 months
Switzerland IMAC · EIMP · Bundesamt für Justiz
hub · primary
Germany IRG · Generalstaatsanwaltschaft
34 cases
France CPP · Chambre de l'instruction
28 cases
United Kingdom Extradition Act 2003 · Westminster MC
21 cases
Spain LECrim · Audiencia Nacional
18 cases
Italy CPP · Corte d'Appello
12 cases
Netherlands Uitleveringswet · Rb Amsterdam
9 cases
Belgium Loi 2003 · Chambre des mises
7 cases
Austria ARHG · OLG Wien
6 cases
What happens after you engage us
The first 72 hours. Step by step.
We know how disorienting the arrival of an official document can be. Here is exactly what the opening phase of a Valken engagement looks like — so you know what to expect, and when.
1
You reach us · we open the file
Encrypted intake. Within 2 hours, a senior lawyer is assigned. Conflict check, engagement letter, secure document upload link.
Hour 0 · Hour 2
2
Document classified · emergency triage
We identify exactly what you've received. If any deadlines are within 72 hours, we stop everything else and protect them first. If a family member is in custody, we activate local counsel immediately.
Hour 2 · Hour 8
3
Preliminary opinion · strategy call
Within 48 hours of engagement: a written preliminary assessment plus a one-hour call with Dr. Brunner. Realistic outcome scenarios, cost ranges, decisions you need to make.
Hour 8 · Hour 48
4
Defence plan · written
Day 7 of the engagement: a full written case opinion — classification, refusal grounds, procedural roadmap, counsel network to be activated. This is the document that drives every subsequent step.
Day 2 · Day 7
URGENT · PRIORITY
From · Ministry of Justice · ████
To the Requested Person care of — Valken Legal AG
B-5582 / 2026Recv 03·V·2026
CONFIDENTIAL · MLA
From · Tribunal de grande instance
Letter rogatory Production of bank records
MLA-2026-114Reply 10d
EAW · FRAMEWORK DEC.
From · Issuing judicial authority · EU-MS
European Arrest Warrant 2002/584/JHA
EAW-FR-44260-day rule
Our red lines
What we will do. And what we won't.
A cross-border matter ends in a real courtroom, or an agreed outcome, or nothing at all. It does not end in online theatrics. Be wary of anyone who tells you otherwise — including us. Here's how we draw the line.
We will
Tell you the realistic range of outcomes — in writing
Our written case opinion gives you a candid read of likely, best-case and worst-case scenarios, with probabilities where we can estimate them and reasoning where we can't.
We won't
Promise you won't be extradited
No honest lawyer in this area promises outcomes. Extradition decisions rest with judges and authorities. Our job is to put the strongest possible case before them — not to sell you a certainty.
We will
Coordinate every lawyer on your case, in every country
One strategy, one chain of command. We brief, we align, we review pleadings before they go in. That's what "Swiss-led coordination" actually means in practice.
We won't
Advise you to flee, disappear or falsify status
Any "solution" that involves misleading authorities or running across borders destroys your legal position, not improves it. If someone proposes that to you — it is not legal advice.
We will
Reach clients in custody within hours — wherever they are
Our partner-counsel network covers every jurisdiction in our active list. For a detention in Paris, Madrid, Milan or London, we have a qualified local lawyer at the door on the same day.
We won't
Take a case we can't handle well
If your matter sits in a jurisdiction outside our network, or needs a specialism we don't have, we say so at intake — and refer you to someone who can. Honest "no" beats an expensive "yes."
A registered letter arrived on a Tuesday. By Thursday morning Dr. Brunner had told me — in writing — what it was, which three articles were defensible and which one was genuinely problematic. By the end of the month the Swiss authority had refused the request on the political-offence ground we raised at the start. I still keep that first opinion letter in a drawer. It is the first document in four years that actually helped me breathe.
K·T
Private client · K.T.
Resident of Switzerland · Request refused · 11 / 2025
Frequently asked
The questions families ask in the first phone call.
Am I going to be arrested the minute I open the door?
Almost never on the basis of the document alone. A formal extradition request or MLA letter is a procedural document; it does not by itself authorise local police to act. In most cases there is a judicial step between the paper arriving and anything physical happening. The main exceptions are an EAW where the arrest warrant is already active locally, or a Red Notice where a provisional arrest has been requested. Even then, there are procedural rules — and a lawyer in the room changes a lot.
Can an extradition really be refused? Or does the requesting state always win?
Extradition is refused more often than people expect, especially where defensible grounds exist. Political motivation, real risk of unfair trial or ill-treatment, prosecution for the same acts already tried, lapsed limitation periods, lack of dual criminality, discriminatory persecution, humanitarian grounds — all of these are recognised refusal bases under the ETE, IMAC, EAW Framework Decision and similar instruments. The point is not whether they "win"; the point is that where the grounds exist, they must be raised properly, in time, and with evidence. That's the work.
What is "dual criminality" and why does everyone keep mentioning it?
Extradition generally requires that the alleged conduct is a crime in both the requesting and the requested state. If what you're accused of is legal in the country where you now are, extradition usually cannot proceed for that charge. This is often the decisive point in economic-offence cases and cases involving conduct with political or free-speech dimensions. The EAW has narrowed dual criminality for 32 listed categories, but has not abolished it.
Why €4,800 for an initial assessment? What does it buy?
A senior lawyer's time, not a junior's. A 7-day engagement including: full document classification, cross-border legal analysis under the applicable treaty and domestic code, cataloguing of refusal grounds available to you, coordination with partner counsel in the relevant jurisdictions, a written case opinion, a one-hour debrief call. If formal representation follows, that is a separate engagement, quoted with a fee cap. If you don't need us after the initial phase — you walk away with a document that clarifies the matter, and that's a complete service in itself.
My family member was arrested abroad an hour ago. What do I do right now?
Contact us on Signal or Telegram. Tell us which country, which city, the person's full legal name and, if you have it, the case reference or arresting authority. We activate partner counsel in the country, get a lawyer to the station, and — in parallel — we start work on the Swiss or cross-border response. Under most European regimes, the detained person has the right to a lawyer of their choosing within hours. Enforcing that right, in practice, requires someone on your side making calls. That's what the first phase is for.
Is this confidential? Will the requesting state find out I've engaged counsel?
Swiss professional secrecy applies from your first message to us. The engagement, the assessment, the strategy — all of it. Your identity as our client is disclosed to authorities only when we formally appear in your defence, which is a deliberate procedural choice made with you. Silent consultations are possible and frequent; formal appearances are not.
Can this be resolved without a public case?
Sometimes — yes. Not every extradition or MLA matter ends in a public courtroom decision. Many resolve through early procedural objections, consular correspondence, voluntary surrender arrangements with negotiated specialty clauses, or CCF / Interpol file procedures upstream of the extradition itself. Others unavoidably do require public litigation. Part of the initial assessment is an honest read of which path yours is likely to take.
What if the requesting state is known for politically motivated prosecutions?
This is one of the most frequently successful defence grounds under Art. 3 of the ETE and equivalent domestic provisions. The threshold of evidence is real — you cannot simply assert it — but decades of Swiss and European jurisprudence recognise that extradition is not available for politically-motivated prosecutions, or where the requested person faces a real risk of discriminatory treatment. Structured evidence, country-condition reports, UN and Council of Europe materials, specific case precedents — all of that is the building material of this defence.
Read before you decide
Related Valken briefings.
Background reading that frequently helps clients understand where their matter sits before they engage counsel.
Whatever document just arrived — it has an answer.
The sooner we classify it, the more room we have to defend you. Seven days from now, you can have a written case opinion in your hand and a coordinated defence running across every jurisdiction involved.