Extradition to the United States raised key defence rights issues

In extradition proceedings to the United States, Sander Potisepp was one of the lawyers defending Stanislav Romaniuk, a Ukrainian citizen living in Estonia. The central question in the proceedings was whether holding a person in custody for the purpose of extradition is justified and whether their rights are sufficiently protected in such international proceedings.

Extradition proceedings are not an ordinary criminal case. The Estonian court does not decide whether the person is guilty of the act alleged in the United States. The court must verify whether the conditions for extradition are met, whether the foreign state’s request complies with the law and whether the person’s fundamental rights are protected.

Sander’s role as defence counsel was to challenge the strictest measures in the proceedings, including detention. Deprivation of liberty must not be an automatic consequence merely because another state has requested the person’s extradition. In every case, the court must assess whether detention is unavoidable or whether the proceedings could be secured through less restrictive measures.

In such cases, the work of a lawyer is especially important because the person is facing two legal systems at the same time. They must understand what is being sought from them, what their rights are in Estonia and what risks await them after possible extradition.

The Romaniuk case shows that extradition must not be a mere administrative step. Every extradition request requires substantive review. The defence must be able to ask whether arrest is justified, whether the request is sufficiently clear and whether extradition would be consistent with Estonian law and the person’s fundamental rights.

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