Extradition Lawyer in Hanover: OLG Celle and the Local Procedure
For an extradition arrest in Hanover or at Hannover Airport, the first judicial appearance is normally before the nearest Amtsgericht (local court), while the Higher Regional Court responsible for the extradition proceedings is generally the Oberlandesgericht Celle (OLG Celle) if the case is first taken up in this district. The court’s current 2026 allocation assigns proceedings under Germany’s International Cooperation in Criminal Matters Act to its Second Criminal Senate. The exact court still depends on the place of arrest, the legal instrument and any earlier proceedings. The nationwide statutory framework is covered in Extradition from Germany.
The first appearance must take place without delay and no later than the day after arrest; the judge must then question the person promptly, at the latest by the next day after presentation. Those are early-stage deadlines, not a deadline for the whole case. The OLG later decides judicial questions assigned to it, including admissibility and objections to extradition detention. Judicial admissibility and the executive authorisation or surrender decision are distinct; the sequence differs between a non-EU extradition request and a European Arrest Warrant (EAW).
Which Hanover-area institutions handle the case?
For a non-EU extradition case, IRG § 14 generally assigns territorial competence to the OLG and its prosecutor in the district where the person is apprehended for extradition or, if there is no apprehension, first located for that purpose. The city named on a flight ticket, a family address or the prison where a person is later held does not by itself settle jurisdiction. For a European Arrest Warrant, Part Eight of the IRG contains special rules and applies alongside the general provisions only where appropriate.
| Institution | Local role | Practical point |
|---|---|---|
| Oberlandesgericht Celle, Second Criminal Senate | Decides judicial questions assigned by the IRG, including admissibility in ordinary extradition proceedings and objections to an extradition arrest warrant. | The 2026 allocation, updated on 25 September, assigns IRG matters to this senate. The court warns that underlying amendment orders control if they differ from the consolidated aid. |
| Generalstaatsanwaltschaft Celle (public prosecutor at the OLG) | Prepares the judicial decision and implements an authorised extradition under IRG § 13(2); it also files applications with the court. | The prosecutor’s application or position does not replace the OLG’s judicial ruling. Under § 27(2), this prosecutor also determines the facility in which a person in extradition detention is held. |
| Amtsgericht Hannover | Conducts the initial judicial appearance where it is the nearest local court under IRG §§ 21–22. | The Amtsgericht Hannover’s 2024 annual report lists Hannover, Hemmingen, Laatzen, Langenhagen and Seelze in its district; Hannover Airport is in Langenhagen. The exact arrest site and any prior file history still matter. |
| Bundespolizeiinspektion Flughafen Hannover (Federal Police Airport Inspectorate) | The named Federal Police unit relevant to an airport or border check at Hannover Airport. | The official directory places the unit in Langenhagen. It handles police matters, not the judicial decision on extradition admissibility. |
| Justizvollzugsanstalt Hannover (JVA Hannover, correctional facility) | A possible custody location, but not the automatic destination for a person arrested in the city. | Its published ordinary remand unit is for adult men. Extradition detainees may be placed elsewhere under the prosecutor’s authority. |
A later arrest in Hanover does not automatically move an existing case to Celle. Check the first-apprehension / first-location rule against the file history and earlier OLG orders. The court says its consolidated 2026 allocation is an administrative aid; if it conflicts with an amendment order, that order controls. Ask counsel to confirm the assigned senate and case reference.
What happens from arrest through the first appearance?
The following is a practical plan for the first days, not a separate “72-hour” statutory limit. The immediate deadlines come from the IRG.
| Stage | Legal timing / authority | What to check immediately |
|---|---|---|
| Arrest or provisional arrest | The person must be told the reason for arrest. If an extradition arrest warrant exists, it must be notified without delay and a copy provided (IRG § 20). | Record the time and place, arresting authority, requesting state, reference number and whether the document is an EAW or a non-EU request. |
| Initial appearance | Under IRG §§ 21–22, the person must be brought without delay, and no later than the day after arrest, before the judge of the nearest Amtsgericht. The judge must question the person promptly and, at the latest, by the next day after presentation. | Raise identity issues, nationality, access to counsel, interpreter needs and any objections to arrest or surrender. This local judge’s role is not the final judicial decision on extradition admissibility. |
| Referral to OLG Celle | For a non-EU request, the prosecutor at the OLG applies for a judicial admissibility decision under IRG § 29 if the person has not consented to simplified extradition. The EAW has its own rules in Part Eight, including § 83c. | Ask whether the OLG has opened a file, whether counsel has received the papers and whether translated records or further information are needed from the requesting state. |
| Detention review | The OLG decides objections to an extradition arrest warrant or its execution under IRG § 23. Under § 26, it reviews continued extradition detention after each total two-month period; it may set a shorter interval. | Do not wait for the periodic review if the basis for detention has changed. Counsel can assess a stable address, family ties, health needs or a workable less restrictive measure under § 25. |
For an EAW, IRG § 83c sets a target for the surrender decision of 60 days after arrest or 10 days after consent to simplified surrender; these are statutory target periods, not automatic release dates. If exceptional circumstances prevent compliance, the Federal Government must notify Eurojust; for the broader EAW procedure, see the European Arrest Warrant procedure guide.
Where could a detainee be held, and how can family make contact?
There is no verified rule that every person arrested in Hanover for extradition is sent to JVA Hannover. Under IRG § 27(2), the prosecutor at the OLG determines the facility; placement depends on the order, the person and the facility’s remit. The official JVA Hannover page says its ordinary remand unit serves adult men. For that category, visits require permission from the detention judge and the published entitlement is two hours per month; the court also controls telephone calls and correspondence monitoring.
These details concern ordinary Untersuchungshaft (pre-trial remand), not necessarily extradition detention. Confirm the actual facility and supervising court, then ask what written permission is needed. Do not send original passports, phones, money or other property until the facility and counsel confirm the process. The published rules do not prove that a particular extradition detainee is held there or has identical contact conditions.
For an arrest at Hannover Airport, tell counsel the exact location and whether it occurred during an international border check. The Bundespolizeiinspektion Flughafen Hannover is the named airport unit, but it cannot decide judicial admissibility. Identify the arresting authority, first hearing and OLG file, then send documents through counsel rather than assuming that repeated calls to airport police will resolve the case.
The official directory lists the unit at Benkendorffstraße 30, 30855 Langenhagen, and gives its control-room number as 0511 7281-0. When seeking confirmation, give the arrest time and any reference number; disclosure of personal case information may be restricted.
What does a Hanover-relevant OLG Celle decision show?
In its order of 18 December 2023, the Federal Constitutional Court set aside part of an OLG Celle decision permitting extradition to Türkiye because the court had not sufficiently examined whether the person could participate effectively in the expected first-instance trial, including the proposed videoconference arrangement; this was a case-specific ruling, not a general bar on extradition to Türkiye. For challenge grounds, evidence and deadlines, see the guide to challenging extradition from Germany.
What should a family or foreign lawyer prepare?
Prepare a short, dated file. Counsel needs to identify which court holds the file, what instrument is being used and which deadlines have started to run.
- Full legal name, date of birth, nationality, passport details and spelling variants used by the requesting state.
- The exact arrest time and place, the police or border unit, the next court appearance, and copies or photographs of every document handed over.
- Any German court reference, especially an earlier OLG order or an arrest in another district.
- The foreign warrant or judgment, the requesting state’s case number and any translation already available. Do not wait for a translation before contacting counsel.
- Evidence relevant to immediate custody questions: a confirmed residence, family responsibilities, medical records, identity discrepancies or a realistic alternative to detention.
- For a non-EU request, material about the destination and individual risks; for an EAW, the issuing judicial authority, stage of the foreign case and any prior hearing or representation.
- Secure contact details for family, defence counsel and any lawyer in the requesting state. Check with counsel before sharing sensitive documents widely.
Hypothetical example: A traveller is stopped at Hannover Airport on an alert linked to a Polish EAW. If this is the first apprehension in the Amtsgericht Hannover district and no earlier OLG proceeding fixes jurisdiction elsewhere, the expected sequence is a prompt local-court appearance followed by handling at OLG Celle’s Second Criminal Senate. Counsel should confirm that the alert corresponds to a valid EAW, obtain the warrant and supporting papers, and assess objections to detention or surrender. The general EAW decision target is 60 days from arrest, subject to the statutory qualification described above. Any earlier OLG order must be checked before assuming Celle is competent.
Questions families often ask
Does an arrest at Hannover Airport mean the OLG Celle decides automatically?
No. Section 14 IRG generally looks to where the person was first apprehended for extradition or first located, but the file history and applicable special rules must be checked if another OLG has already dealt with the matter.
Is the first appearance the extradition hearing?
No. The nearest Amtsgericht conducts the initial questioning and makes the immediate statutory decisions. The OLG later decides judicial questions assigned to it, including admissibility in ordinary extradition proceedings and objections to extradition detention.
Will the person be held in JVA Hannover?
Not necessarily. Under § 27(2) IRG the prosecutor at the OLG determines the facility. The arrest location does not prove where the person is being held, so confirm the actual facility and its contact rules.
Primary and authoritative sources
- IRG § 13 — OLG jurisdiction and the role of the OLG prosecutor, § 14 — territorial jurisdiction and § 27 — selection of the detention facility.
- IRG § 20 — notice of arrest, § 21 — appearance after arrest under a warrant and § 22 — appearance after provisional arrest.
- IRG § 23 — objections to extradition detention, § 25 — suspension of detention execution on less restrictive measures and § 26 — periodic detention review.
- IRG § 29 — application for a judicial admissibility decision and § 83c — EAW procedure and time limits.
- OLG Celle — 2026 judicial allocation (consolidated aid dated 25 September 2026; underlying presidium amendment orders control if inconsistent).
- Amtsgericht Hannover, 2024 annual report — court district including Langenhagen.
- JVA Hannover — ordinary remand and contact rules.
- Bundespolizeiinspektion Flughafen Hannover — official directory entry.
- Federal Constitutional Court, 18 December 2023, 2 BvR 1368/23.
For a case-specific assessment, you may submit the available documents through the contact form.