Extradition Lawyer in Dortmund: OLG Hamm and Local Procedure

Why does a Dortmund arrest go to a court in Hamm?

The official court map puts the Landgericht Dortmund district within the OLG Hamm district, alongside nine other regional-court districts. Under sections 13 and 14 of the Gesetz über die internationale Rechtshilfe in Strafsachen (IRG), the competent OLG and its prosecution office are generally those of the district where the person is apprehended for extradition, or, without arrest, first located. This territorial trigger matters more than a person's registered address. An arrest elsewhere during a journey must not automatically be assigned to Hamm merely because the person lives in Dortmund.

The Generalstaatsanwaltschaft Hamm expressly lists deciding on incoming foreign mutual-assistance and extradition requests among its responsibilities. It is distinct from the ordinary Staatsanwaltschaft Dortmund. Under section 13 IRG, the OLG makes the judicial decisions, subject to the initial-court functions in sections 21 and 22; the Generalstaatsanwaltschaft prepares the case, decides the authorisation stage within its remit, and implements an authorised transfer. Ask counsel to establish both the current case number at Hamm and the separate first-appearance record.

Which Dortmund and Hamm institutions should the family identify?

What happens during the first 72 hours after the arrest?

This is an action plan, not a statutory 72-hour detention limit. At the airport or elsewhere in Dortmund, obtain the arrest time, arresting authority, requested country, and whether the officers refer to an EAW, SIS alert, Interpol notice or an existing German extradition detention order. An Interpol Red Notice is not itself an international arrest warrant, and a notice or database hit is not a court ruling that surrender is permissible. The legality and documentary basis of continued custody must be checked.

1. Immediately: ask for an interpreter where needed and a lawyer experienced in international assistance. Under section 40 IRG, counsel is mandatory in extradition-detention proceedings; if no chosen lawyer is available, ask the court to arrange appointed counsel without delay. Do not consent to simplified surrender or waive speciality before independent advice.
2. By the day after arrest: under IRG sections 21(1) or 22(1), the person must be presented without delay to the nearest Amtsgericht judge. Questioning must follow without delay, at the latest the following day after presentation. The judge checks identity, citizenship and objections, and explains the right to remain silent and to have counsel. It may be Dortmund's court, but the statute says the nearest court, so ask where the hearing actually occurred.
3. After that appearance: the Generalstaatsanwaltschaft brings relevant requests and objections before OLG Hamm. The OLG, not the first-appearance judge, decides whether extradition detention continues and whether surrender is judicially permissible. Keep copies of each decision and record precisely when each document arrived.

The Amtsgericht Dortmund's official website publishes a special weekend/holiday emergency-duty location at Polizeipräsidium Dortmund, Markgrafenstraße 102. That is a service notice, not a promise that every extradition hearing takes place there. Ask police or counsel to verify the assigned judge and venue before travelling.

Where can a detainee be held, and how are visits arranged?

JVA Dortmund's official custody plan explicitly includes adult Auslieferungshaft (extradition detention) and Durchlieferungshaft (transit detention) as well as remand custody; it is a closed institution for men. This proves a relevant local facility exists, not that every extradition detainee arrested in Dortmund is kept there. Women, minors, transfers and case-specific allocations need individual confirmation. A relative should first ask which police custody unit or prison has registered the person; do not send documents or travel to JVA Dortmund solely from the arrest location.

For someone confirmed in JVA Dortmund, the prison publishes a separate lawyer-visit booking number (0231 5777-130) and general visit booking number (0231 5777-143). It asks lawyer visitors to arrange a slot at least one day ahead; its published lawyer visit hours are Monday 10:50–15:50, Tuesday–Thursday 08:00–14:45, and Friday 08:00–13:45. Family visits also require booking and acceptable identification. The JVA's published list names a national identity card, passport, EU identity card, substitute identity document, residence permit, Duldung or official service ID; do not assume a driving licence will be accepted. These are prison access arrangements, not judicial hearing deadlines. Check current booking rules with the prison before travelling.

Which deadlines should counsel calendar for this case?

There is no universal German “48-hour extradition release rule.” The distinction between judicial appearance, filing a request, detention review, admissibility and actual transfer is essential. The broader stages, treaty routes and rules for German nationals are in the Germany extradition procedure guide.

What can a Dortmund lawyer actually ask OLG Hamm to decide?

Section 23 IRG sends objections to the extradition detention warrant or its execution to the OLG; section 25 permits it to suspend execution if less intrusive measures adequately secure the custody purpose. Counsel should supply a reliable address, evidence of community ties, caregiving obligations, medical material and documents relevant to flight risk. The court assesses those materials individually; a proposed address is not itself a right to release. Under section 26, the OLG also conducts the recurring detention review.

If the legal conditions for detention no longer exist, section 24 requires the warrant to be lifted. The OLG’s decision on admissibility is separate and is generally not subject to an ordinary appeal; section 33 permits a renewed decision only if new or newly discovered circumstances may justify a different outcome. Constitutional or international remedies, including any request to suspend transfer, have separate conditions and should be assessed urgently. For detailed refusal grounds and remedies, see grounds to resist extradition from Germany.

What should relatives or overseas counsel send first?

• The arrested person's full name, date of birth, nationalities, passport details and language needs; flag genuine identity mistakes immediately.
• Exact arrest location and time, arresting agency, police custody or prison, first-appearance date, all reference numbers, and photos or copies of any orders.
• Issuing country, whether the request is for prosecution or enforcement of an existing judgment, and the original warrant or judgment if available.
• For a possible detention alternative: documentary proof of Dortmund residence, work, dependants, treatment or other verifiable obligations—not unsupported assurances.
• For a prison-related issue: named destination facilities, recent reliable reports, actual medical or vulnerability evidence and translations if needed.
• The contact details of the authorised German lawyer and any foreign defence lawyer, with permission to coordinate securely.

Hypothetical: a Georgian national is arrested during a document check at Dortmund Airport after an alert connected to a request from a non-EU country. The family should first verify whether this is an extradition arrest or a different German warrant, locate the next-day judicial presentation, identify the requesting state, and have German counsel confirm the IRG §16 document-arrival period and whether an applicable treaty sets a shorter deadline after checking treaty status and declarations. Counsel should also confirm the Hamm file and the actual place of detention. They should not assume an EAW’s 60-day target applies to that request.