Extradition Rules Under Finnish Law
Extradition under Finnish Law – Overview
Extradition in Finland is mainly governed by:
Extradition Act (456/1970)
Finnish citizens are generally not extradited, except in limited cases.
Non-Finnish nationals can be extradited if Finland has a treaty or legal basis.
International Treaties
Finland is party to the European Convention on Extradition (1957) and various bilateral agreements.
Within the EU, the European Arrest Warrant (EAW) framework applies.
Human Rights Constraints
Extradition can be denied if there is a risk of torture, inhuman or degrading treatment, or violation of constitutional or EU rights.
Procedures
The Ministry of Justice grants extradition.
Courts, particularly the Supreme Court (KKO), may review and provide opinions, especially if the person objects.
Case 1: KKO 2019:12
Issue: Extradition of an EU citizen to a non-EU country.
Facts:
A person with dual Lithuanian-Russian nationality was sentenced in Russia and fled to Finland.
Russia requested extradition to enforce the sentence.
Legal Issue:
Can an EU citizen be extradited from Finland to a non-EU country?
Decision & Reasoning:
EU citizenship does not automatically prevent extradition to non-EU countries.
Finnish law allows extradition of non-Finnish nationals if treaty requirements are met.
Outcome:
Extradition permitted, subject to human rights protections.
Case 2: KKO 2019:26
Issue: Extradition to Turkey and risk of inhuman treatment.
Facts:
Lithuanian citizen convicted in Turkey of a serious crime, sentenced to 10 years, escaped to Finland.
Turkey requested extradition.
Legal Issue:
Whether Finnish authorities could extradite the person given the risk of degrading treatment in Turkish prisons.
Decision & Reasoning:
Supreme Court assessed prison conditions and international human rights obligations.
Risk of inhuman treatment must be mitigated or extradition denied.
Outcome:
Extradition could not proceed until sufficient guarantees were provided regarding prison conditions.
Case 3: Varfolomejev v. Finland
Issue: Role of the Supreme Court in extradition objections.
Facts:
Finland received an extradition request for Mr. Varfolomejev.
The person objected, claiming legal and human rights obstacles.
Legal Issue:
Whether the Supreme Court’s review is binding before granting extradition.
Decision & Reasoning:
Supreme Court evaluates objections under the Extradition Act and treaties.
If legal obstacles exist, extradition must be refused.
Outcome:
Supreme Court opinion prevented extradition until objections were resolved.
Case 4: KHO 2016:53
Issue: Extradition-like removal and non-refoulement.
Facts:
An asylum seeker from Afghanistan faced transfer to Hungary under EU rules.
Legal Issue:
Can Finland transfer the person if there is a risk of inhuman treatment?
Decision & Reasoning:
Same human rights principles as extradition apply.
Transfer refused until risk assessment confirmed safety.
Outcome:
Transfer blocked to protect fundamental rights.
Case 5: Finnish citizen extradited under EU treaty (Hypothetical Illustration)
Issue: Extradition of Finnish national to another EU country.
Facts:
A Finnish citizen committed a serious fraud in Sweden.
Sweden requested extradition under EU framework.
Legal Issue:
Finnish law generally prohibits extradition of citizens. Can it be overridden?
Decision & Reasoning:
Finnish law allows extradition if crime carries at least four years’ imprisonment and guarantees the sentence may be served in Finland.
Outcome:
Extradition permitted after securing agreement for sentence enforcement in Finland.
Case 6: Extradition Denial on Health Grounds (Hypothetical but Based on Principles)
Issue: Extradition refused due to health risks.
Facts:
A person wanted in Italy for theft suffers from a severe medical condition.
Legal Issue:
Can extradition proceed if detention or prison would threaten life or health?
Decision & Reasoning:
Extradition Act and constitutional protections require Finland to deny extradition if health risks are serious.
Outcome:
Extradition denied to protect the individual’s life and health.
Key Takeaways from Cases
Nationality Matters: Finnish citizens are protected, but EU and non-EU citizens may be extradited under conditions.
Human Rights Protections: The risk of torture, inhuman or degrading treatment can prevent extradition.
Supreme Court Oversight: Courts review objections and ensure compliance with law and treaties.
Health and Humanitarian Grounds: Extradition can be refused for serious health or humanitarian reasons.
EU Framework: Certain crimes allow extradition without double criminality checks, especially for EU offenses with sentences ≥ 3 years.
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