Extradition Lawyer in Bern: Federal Office of Justice and the Local Procedure

For an extradition matter connected with Bern, the central authority is the Federal Office of Justice (FOJ), whose Extraditions Unit is based in the city. The FOJ makes the first-instance extradition decision; the main judicial appeal goes to the Federal Criminal Court in Bellinzona, not to a Bern district court. Cantonal authorities execute local steps, so first identify who has custody and which written decision has been served.

Who decides an extradition case connected with Bern?

The FOJ is a federal administrative authority, not a local court. Under the Federal Act on International Mutual Assistance in Criminal Matters (IMAC; SR 351.1), it receives foreign requests, may issue an extradition arrest warrant and normally decides whether surrender is permitted. Its International Legal Assistance Division is at Bundesrain 20, CH-3003 Bern. This does not mean every hearing or detention takes place in Bern.

Cantonal authorities execute FOJ orders and conduct the initial hearing. Bern’s official guidance draws a distinction between ordinary cantonal criminal proceedings and incoming international mutual-assistance requests: the latter are handled centrally by specialist prosecutors, while the General Prosecutor’s Office (Generalstaatsanwaltschaft) decides certain venue and subject-matter jurisdiction disputes in cantonal criminal cases. It is not the authority that decides extradition or hears an appeal against an FOJ decision. Foreign extradition requests are addressed to the federal FOJ under IMAC.

The treaty basis depends on the requesting state: the European Convention on Extradition (ETS No. 024), its protocols or a bilateral or other applicable treaty may govern. Switzerland has recorded reservations and declarations to the Convention and some protocols, so the exact instrument and country relationship must be checked. Switzerland is not an EU Member State; an SIS alert does not make the European Arrest Warrant applicable.

Institution	Role and practical step
FOJ Extraditions Unit, Bern	Receives the request and normally decides extradition. Keep every FOJ letter and record the service date.
Bern cantonal executing authorities	Carry out federal measures and conduct the initial hearing. Ask for the written warrant, counsel and an interpreter.
Bern Public Prosecutor’s Office and specialist prosecutors	The canton says incoming international mutual-assistance requests are handled centrally by specialist prosecutors. The General Prosecutor’s Office separately resolves certain cantonal venue and jurisdiction disputes; neither role replaces the FOJ or the Federal Criminal Court in extradition.
Federal Criminal Court, Lower Appeals Chamber (Beschwerdekammer), Bellinzona	Hears ordinary statutory appeals from FOJ extradition decisions and relevant arrest-warrant decisions.
Bern’s Compulsory Measures Court and Regionalgefängnis Bern	The court deals with specified ordinary Swiss detention matters, not the normal IMAC appeal. The prison is a local facility, but public information does not show that every extradition detainee is held there.

What happens locally after an arrest?

Bern has no separate extradition tribunal or special “first 48 hours” court timetable. This is a practical first-72-hours plan, not a statutory deadline; legal periods run from arrest or service of a particular document.

Stage	What to do
At arrest	Ask which state and case the alert concerns. Request a lawyer, interpretation and, if desired, consular notification. An SIS alert can trigger checks but is not an EU European Arrest Warrant operating against Switzerland.
At the initial hearing	The executing cantonal authority checks identity, explains the procedure and asks about objections. Under IMAC Article 52, the request and supporting papers should be provided to the person and counsel. Correct identity errors and do not consent to simplified extradition before advice.
After service of a warrant	Keep the envelope and proof of service; send the full document to counsel immediately. A short appeal period applies to the extradition arrest warrant.
If detention continues	Ask counsel to check the actual detention order, treaty deadline and any release request. Do not assume ordinary Bern remand rules automatically govern extradition detention.

Consent to simplified extradition, waiving the right to be heard and waiving the speciality rule are different choices. The speciality rule generally limits prosecution after surrender to offences covered by the grant, subject to treaty and statutory exceptions. Ask counsel to explain exactly what a form waives before signing it.

Which deadline starts when?

The deadlines below concern different acts and have different triggers. The applicable treaty can change the default, so check it as soon as the requesting state is known.

Step	Deadline and trigger	Practical point
Appeal against extradition arrest warrant	Generally 10 days from service of the written warrant (IMAC Art. 48(2)).	Use the Federal Criminal Court’s Lower Appeals Chamber, not a Bern cantonal criminal court.
Formal request after provisional arrest	IMAC default: 18 days from arrest; an extension up to 40 days may be granted for special cause. A treaty may differ.	Record the arrest date. A missed period does not necessarily bar a later request.
Appeal against the FOJ extradition decision	Generally 30 days from written notification. IMAC Articles 12, 25 and 55(3) establish the procedural route; the 30-day period follows the administrative-procedure rules applied by analogy.	Under IMAC Article 56, give the FOJ notice within 5 days of notification that an appeal is intended, or extradition may be executed. This is separate from the full filing deadline.
Further appeal to the Federal Supreme Court	Generally 10 days from notification of the Federal Criminal Court decision, and only in a “particularly important” case under Article 84 of the Federal Supreme Court Act.	This is not a routine third appeal. The submission must explain why the strict admission test is met.

IMAC Article 50 allows a request for release from extradition detention during the proceedings. That does not mean release is automatic, and a release request is not the same as an appeal against the final extradition decision. An IMAC appeal is not a generic habeas petition or constitutional complaint; the challenged order controls the route. The FOJ’s decision and the later physical execution of surrender are also separate stages. Counsel should identify the exact order and use the correct route.

What is specific to Bern—and what is not?

Bern’s local distinction is institutional, not a separate city extradition code: the federal authority managing the file is based here. Bern Airport is located at Belp, outside the city centre. An arrest there follows the same federal framework; the airport does not create a separate extradition court. Extradition is distinct from immigration removal or deportation, which follows a separate legal process.

German and French are official languages of the Canton of Bern, but the applicable official language depends on the administrative region or district. In Bern-Mittelland, which includes the city of Bern, German is the official language. For dealings with federal authorities, the Languages Act generally allows German, French or Italian; a special rule applies to dealings with Romansh speakers. Do not assume an English submission will be accepted or preserve a deadline: ask counsel to confirm the language and any translation requirements for the specific proceeding, and request an interpreter if the person does not understand the hearing language.

Confirm custody location and access rules case by case. Bern’s public guidance on ordinary pre-trial detention says visits may require prosecutorial approval, but it does not establish identical rules for a person held under an extradition warrant. The family should obtain the facility name and detainee reference from the executing authority, then ask that facility about visits, document delivery and lawyer access.

What should the family or foreign lawyer prepare?

The arrest warrant, FOJ letters, service envelopes and any hearing notice.
Full name, date and place of birth, all nationalities, passport details and spelling variations.
The foreign warrant or judgment, charge description and translations already received.
A dated timeline of arrest, service, hearings and communications from the requesting state.
Medical records relevant to detention, medication, disability or immediate safety concerns.
Contact details for counsel, a family representative and the consulate if contact is requested.
Documents supporting identity, residence, parallel proceedings or a concrete concern about treatment or fair-trial conditions abroad. Preserve originals.

If the person has applied for asylum, IMAC Article 55a requires the FOJ and appellate authority to consult the asylum file. The two proceedings are not merged. Tell counsel about any asylum application or protection decision; detailed refusal grounds and remedies belong on the national Swiss extradition remedies page.

A hypothetical Bern Airport example

Hypothetically, a Georgian national is stopped at Bern Airport in Belp after an SIS alert. The first step is not to file in a Bern district court: ask the executing authority to identify the FOJ warrant and requesting state, request counsel and interpretation, and record the date of service. Counsel then checks the 10-day warrant appeal, the treaty deadline for the formal request and the separate five-day notice if the FOJ serves an extradition decision. These protect different steps and must not be combined.

What do recent judgments mean for an appeal from Bern?

Two recent Federal Supreme Court decisions illustrate limits on these routes. In 1C_768/2025 (5 January 2026), the Court held that missing the 18-day period under Article 16(4) of the European Convention on Extradition does not necessarily require release or permanently prevent a later extradition request; the result depends on the applicable treaty and detention decision. In 1C_214/2026 (29 April 2026), the Court did not entertain the further appeal because the case did not meet Article 84’s “particularly important case” threshold; the political-persecution allegations were insufficiently substantiated to cross that threshold. This was not a general merits ruling that political-persecution objections can never succeed. These are nationwide rules, not a Bern-specific remedy; detailed refusal grounds and procedural routes belong on the Swiss extradition remedies page.

Where does the nationwide procedure continue?

This page covers Bern’s contact points, language and custody checks, and the route to the federal appeal court. It does not replace the national procedure, treaty analysis or detailed refusal grounds. For those topics, see Extradition from Switzerland.

Questions families often ask

Is there an extradition hearing at a Bern court?

Not ordinarily. The FOJ is the federal first-instance decision-maker, cantonal authorities carry out local steps, and statutory appeals normally go to the Federal Criminal Court in Bellinzona.

Does a Red Notice mean the person will be extradited?

No. An alert may lead to a check or provisional arrest, but the legal basis, formal request and applicable procedure still have to be examined. An SIS alert is not itself a European Arrest Warrant issued under EU law against Switzerland.

Can the family visit someone held in Bern?

First confirm the actual facility and the legal basis of detention. Visit, telephone and document rules may depend on the facility and the type of custody; do not assume ordinary cantonal remand rules automatically answer an extradition question.

Does the 18-day period guarantee release?

No. The applicable treaty matters, and recent Federal Supreme Court case law cautions that a missed deadline does not necessarily prevent a later extradition request. Ask counsel to calculate the relevant period and assess the current detention order.

Sources and official guidance

The site’s team coordinates cross-border defence with local counsel; to discuss a matter, use the request form.