Legal Support in Armenia for Extradition Cases

Legal Support in Armenia for Extradition Cases

What is Extradition

Extradition is the transfer of an individual located within the territory of the Republic of Armenia to a foreign state for the purpose of criminal prosecution, trial, or the execution of a criminal sentence. Extradition applies exclusively to criminal offenses and is carried out strictly in accordance with the international treaties and national legislation of the Republic of Armenia.

In Armenia, matters of extradition are primarily governed by:

  • The Constitution of the Republic of Armenia
  • The Criminal Code of the Republic of Armenia
  • The Criminal Procedure Code of the Republic of Armenia
  • The Law of the Republic of Armenia “On Legal Assistance in Criminal Matters”
  • International treaties ratified by the Republic of Armenia, including:
    • The European Convention on Extradition (adopted in Paris, 1957)
    • The Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (adopted in Minsk, 1993, among CIS countries)

LSA Law Firm provides comprehensive legal representation and defense in extradition proceedings at all stages, ensuring the protection of fundamental rights and full compliance with the requirements of Armenian and international law.

When Can the Republic of Armenia Refuse to Execute an Extradition

Unless otherwise provided by an international treaty ratified by the Republic of Armenia, an extradition request shall be denied if there are lawful grounds to believe that the extradition may lead to a violation of fundamental rights or harm the legal interests of the Republic of Armenia.

Mandatory Grounds for Refusal

The Republic of Armenia is obliged to refuse to execute an extradition if:

  • There are reasonable grounds to believe that the extradition request was made for the purpose of prosecuting or punishing the individual based on their race, religion, nationality, membership in a particular social group, or political opinions.
  • There is a serious risk that, if extradited, the individual may be subjected to torture, cruel, inhuman, or degrading treatment or punishment.
  • The requested person is a citizen of the Republic of Armenia, unless otherwise provided by an applicable international treaty.
  • Under the legislation of the Republic of Armenia, criminal prosecution cannot be initiated, or the sentence cannot be enforced due to expiration of limitation periods or other lawful reasons.
  • A final judicial decision has already been rendered in the Republic of Armenia for the same act, or proceedings have been terminated, or the claim has been dismissed.
  • The law of the requesting state prescribes the death penalty for the offense, and that state has not provided legally sufficient assurances that the death penalty will not be imposed or carried out.
  • The person is subject to trial by an extraordinary court, or a sentence has been imposed by such a court.
  • The prescribed penalty is less than six months of imprisonment, or the extradition is requested for an offense punishable under the laws of Armenia or the requesting state by less than one year of imprisonment.
  • The extradition is requested for the execution of a sentence issued in the absence of the accused, and the requesting state has not provided sufficient guarantees of a fair trial or review of the case.
  • The extradition may endanger the security, public order, or other vital interests of the Republic of Armenia.
  • Other grounds for refusal are provided under international treaties.

Additional Grounds under Armenian Legislation

Extradition may also be refused if:

  • The individual has been granted political asylum in the Republic of Armenia.
  • The person is subject to persecution on political, racial, or religious grounds.
  • The alleged offense was committed within the territory of the Republic of Armenia.
  • The requesting state does not ensure reciprocity in the field of legal assistance in criminal matters.

Constitutional Guarantees Against Extradition

The Constitution of the Republic of Armenia provides strong protective mechanisms in extradition matters.
Article 55 of the Constitution of the Republic of Armenia establishes that:

  • No one may be expelled or extradited to another state if there is a real risk of the death penalty, torture, or cruel, inhuman, or degrading treatment or punishment.
  • A citizen of the Republic of Armenia may not be extradited to a foreign state, except in cases explicitly provided for by international treaties ratified by the Republic of Armenia.

These provisions ensure protection not only for citizens of the Republic of Armenia but also for all individuals located within the territory of Armenia.

Which Authority Decides on Extradition in Armenia

The competent authority for deciding on extradition depends on the procedural stage of the case:

  • The Prosecutor General’s Office of the Republic of Armenia – when the case is at the pre-trial investigation stage.
  • The Ministry of Justice of the Republic of Armenia – when judicial proceedings are already underway or a final court decision has been rendered.

Appeal of Extradition Decisions

Decisions authorizing extradition are subject to judicial review.
An appeal may be filed with:

  • The court of first instance of general jurisdiction – within 10 days from the date of receipt of the extradition decision.
  • The appellate court – within 5 days from the date of receipt of the first-instance court’s decision.
  • The Court of Cassation – within 5 days from the date of receipt of the appellate court’s decision.

LSA Law Firm provides representation for clients at all judicial levels, including constitutional and international proceedings, where applicable.

Guarantees That Armenia May Require Before Extradition

Before granting extradition, the competent authorities of the Republic of Armenia may request legally binding guarantees from the requesting state, including confirmation that:

  • The individual will be prosecuted or punished solely for the offense for which extradition has been authorized.
  • The individual will not be extradited or transferred to a third state without the consent of the Republic of Armenia.
  • After completion of judicial proceedings or serving the imposed sentence, the individual will have the freedom of movement and the ability to leave the territory of the requesting state.
  • The death penalty will not be imposed or carried out.
  • The individual will be provided the opportunity for legal defense and will not be subjected to torture, cruel, inhuman, or degrading treatment or punishment, nor to any form of discrimination.
  • In the case of a conviction in absentia, the individual will be guaranteed the right to retrial or review of the case, with guarantees of a fair trial.

International Conventions

According to the European Convention on Extradition (adopted in Paris, 1957):

  • States undertake to extradite individuals for the purposes of criminal prosecution or execution of a sentence, provided that the conditions stipulated in the Convention are met.
  • Extradition is permissible if the act in question is punishable under the laws of both states by imprisonment or a more severe penalty of at least one year, and in the case of convicted persons, if the remaining term of the sentence is at least four months.
  • Extradition shall not be carried out if the act is considered a political offense, or if there are reasonable grounds to believe that the request has been made for the purpose of prosecuting the individual for political reasons.
  • Extradition may be refused if the individual is a citizen of the requested state, or if that state prefers to conduct criminal prosecution within its own territory.
  • If multiple states simultaneously submit extradition requests, the requested state itself decides which request to honor, taking into account the circumstances of the case (such as the severity of the offense, the location where it was committed, the order of requests, and other relevant factors).

Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters

(adopted in Minsk, 1993, among CIS countries)

  • States are obliged to extradite individuals for the purpose of criminal prosecution if the act in question is punishable by at least one year of imprisonment.
  • Extradition for the execution of a sentence is permissible if the imposed punishment is at least six months of imprisonment.
  • Extradition may be postponed if criminal proceedings are underway against the individual in the requested state, or if the individual is serving the imposed sentence.
  • Temporary extradition is allowed to prevent expiration of limitation periods, provided that the individual is returned within a maximum of three months.
  • If multiple states submit extradition requests simultaneously, the requested state decides which request to satisfy.

European Convention on the Transfer of Sentenced Persons (1983)

Transfer of sentenced persons is permissible if:

  • The sentenced person is a citizen of the requesting state.
  • The judgment is final and enforceable.
  • The remaining term of the sentence is at least six months, or the sentence is of indefinite duration.
  • The sentenced person (or their legal representative) has given consent to the transfer.
  • The act is considered a criminal offense under the legislation of both states.
  • Both states have agreed to the terms of the transfer.

Legal Support in Extradition Cases

Extradition proceedings are complex and time-sensitive; they are often accompanied by detention, international cooperation, and significant human rights implications. In such cases, professional legal representation is of vital importance.

LSA Law Firm provides:

  • Defense against extradition requests
  • Appeals of extradition decisions
  • Protection of human rights and constitutional grounds
  • Cooperation with foreign authorities and international organizations
  • Legal support in the transfer of sentenced persons
  • Legal assistance and representation in the process of applying for refugee status in the Republic of Armenia

Do You Need Legal Support for an Extradition Matter?

Our team has extensive and successful experience in international criminal law and extradition cases. We act promptly and efficiently, safeguarding our clients’ rights and lawful interests at every stage of the process.

Contact LSA Law Firm today to receive confidential legal advice.

Our Specialists

Tatevik
Tatevik Malkhasyan
  • Director of the company, Attorney
Andranik
Andranik Мnatsakanyan
  • Partner, Attorney, PhD in Law
Gurgen Nersisyan
  • Partner, Attorney
Edgar
Edgar Ayvazyan
  • Partner, Attorney
Arsen
Arsen Sardaryan
  • Managing Partner, Attorney, PhD in Law
Susanna
Susanna Pambukchyan
  • Chief Accountant

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Frequently Asked Questions

How can you separate your share in shared property?
The common property between the participants of shared property can be divided by agreement between the shareholders on the means and conditions for separating the share, or in the absence of an agreement - by court order. The separating owner can demand that the other participants of the shared property pay the value of his share. Instead of separating the participant's share in shared ownership in-kind, the other owners can pay compensation to that participant with the consent of that participant. In case of the obvious inexpediency of dividing the common property or separating a share from it, the court may rule on selling the property at public auction and subsequently distributing the proceeds among the participants of common ownership in proportion to their shares. The joint property can be divided between co-owners by their agreement, or in the absence of an agreement - by court order.
What property is considered joint property of spouses and what property is subject to division in case of divorce? Can the joint property of spouses be seized for the obligation of one of the spouses?
The property acquired by the spouses during a marriage is their joint property unless otherwise provided by law or by an agreement signed between them. The property of each spouse before marriage, as well as the property received by one of the spouses as a gift or inheritance during the marriage, is their property. The property of each spouse may be recognized as their joint property if it is found that investments were made during the marriage from the common property of the spouses or the personal property of the other spouse, which significantly increased the value of that property (major repairs, reconstruction, re-equipment, etc.) unless otherwise provided by an agreement signed between the spouses. The obligations of one of the spouses may be subject to seizure of the property owned by them, as well as his/her share in the common property of the spouses. In case of divorce, only joint property is subject to division between the spouses.
What rights does an acquitted defendant have and what damages are subject to compensation by the state?
An acquitted defendant has the right to demand compensation for damage caused by illegal criminal prosecution, application of coercive measures, conviction, as well as other illegal restrictions on rights or freedoms. As compensation, the acquitted defendant has the right to receive: 1. The salary, pension, allowance, or other income he was deprived of. 2. The damage caused by seizure, arrest, confiscation, or other disposal of property. 3. The expenses incurred as a result of being in custody. 4. The fee paid to a lawyer. 5. The paid procedural costs. At the request of the acquitted defendant, the body that initiated the criminal prosecution must present public apologies to him/her. Non-pecuniary damage is also subject to compensation, regardless of the pecuniary damage subject to compensation and regardless of the guilt of an official in causing the damage.
What to do if you are illegally dismissed from work? How to protect labor rights?
The rights of both the employer and the employee are protected in the Republic of Armenia. If you have been notified of dismissal from work on the employer’s initiative, first demand an individual act on termination of the employment relationship. The employment relationship is not considered terminated until the individual act on your dismissal is provided to you in the prescribed manner. Labor legislation and other normative legal acts regulating labor relations establish a special procedure for terminating employment relations, non-compliance with which or violations committed by the employer during the process may serve as grounds for declaring the termination of the employment relationship illegal. To protect your labor rights in such situations, consult with a labor relations lawyer. Remember, the legislation establishes deadlines for administrative and judicial protection of labor rights, failure to meet them without a valid reason may deprive you of the opportunity to protect your rights.
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