Facts
The German national [M.] was provisionally arrested by the Swiss authorities based on an extradition request from Interpol Wiesbaden. Since [M.] did not consent to simplified extradition to Germany, the Federal Office for Police Matters issued an extradition arrest warrant and at the same time ordered the seizure of objects and assets that can serve as evidence in the German criminal proceedings or originate from the criminal act.
[M.] filed a complaint against the extradition arrest warrant and requested its full revocation. Additionally, there was a pending complaint procedure at the Obergerichtskommission Obwalden regarding the seized personal effects and the seized amount of around 29,000 Swiss francs.
Considerations
The Federal Supreme Court dismissed M.'s complaint. It stated that the seizure of objects and assets in extradition proceedings under Art. 45 para. 1 and Art. 47 para. 3 of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) is a provisional procedural measure for the preservation of evidence or the securing of unlawful gains. This measure is subject to a subsequent decision on the extradition of the object pursuant to Art. 34 IMAC and does not interfere with the property rights of the person concerned.
The Federal Supreme Court further stated that while an express request from the requesting state is generally required for the ordering of provisional measures, in cases of imminent danger, as in the present case due to the extradition request and the alleged property offenses…