Best Extradition Lawyers in Tehran

1. About Extradition Law in Tehran, Iran

Extradition in Tehran operates within Iran’s broader framework for international legal cooperation. The primary framework is the Code of Criminal Procedure (قانون آیین دادرسی کیفری), which governs how Iran handles requests from foreign jurisdictions to transfer suspects or convicted individuals. The process typically requires formal legal proceedings in Iranian courts to assess whether extradition is permissible under Iranian law and applicable treaties.

Key principles include the requirement of dual criminality in many cases, meaning the alleged offense must be criminal in both Iran and the requesting country. Extradition decisions may also involve considerations of political offenses, national sovereignty, and human rights safeguards under Iran’s Constitution and international obligations. In practice, the Iranian judiciary reviews extradition requests through a specialized process that involves multiple levels of review.

For residents of Tehran, understanding the procedural steps, the rights at different stages, and the potential outcomes is essential. The process can involve police detentions, judicial hearings, and possible appellate challenges, depending on the specifics of the request. Because extradition matters intersect with international law and domestic criminal procedure, seeking legal counsel with expertise in international cooperation is often crucial.

Note: For authoritative background on the international framework that informs extradition, consider consulting U.S. government and UN bodies that describe general extradition mechanics, including dual criminality and treaty-based cooperation. See sources from the U.S. Department of State and UN Office on Drugs and Crime for high-level context.

“Extradition often depends on dual criminality and applicable treaties, with political offenses typically excluded.”

Source context: UNODC and other international legal resources provide the general framework that informs national extradition procedures worldwide, including Iran's approach to international cooperation in criminal matters.

For quick reference on international considerations, see: U.S. Department of State - Extradition, and UNODC - Extradition.

2. Why You May Need a Lawyer

In Tehran, extradition matters can involve complex interactions between domestic law and international obligations. A qualified attorney can help you evaluate risk, protect your rights, and navigate deadlines and filings.

• You face a formal extradition request from a foreign government while staying in Tehran. An attorney can review the request for proper authorization, ensure compliance with dual criminality requirements, and challenge procedure if rights were violated.
• You are a defendant or suspect in a Tehran case and a foreign country seeks extradition for charges arising abroad. A lawyer can assess whether the offense is extraditable under Iranian law and whether political or risk-related defenses apply.
• The government has detained you pending extradition hearings. An attorney can seek protective orders, challenge extended detention, and pursue habeas or due process protections.
• You fear that an extradition request could expose you to the death penalty or mistreatment. A Tehran lawyer can raise safeguards under Iran’s constitutional protections and international norms, and explore remedies or political asylum avenues if appropriate.
• Your case involves complex treaty claims or international cooperation mechanisms. A specialist can interpret bilateral agreements and ensure the request complies with Iran’s international obligations.
• Your rights to appeal or seek review after an extradition decision. An attorney can guide you through the available appellate paths and coordinate with counsel in other jurisdictions if needed.

3. Local Laws Overview

The extradition process in Tehran relies on a combination of domestic statutes and international cooperation instruments. The primary domestic framework is the Code of Criminal Procedure (قانون آیین دادرسی کیفری), which sets out procedures for investigations, hearings, and court decisions relevant to extradition requests. This code is applied alongside Iran's Constitution and any applicable treaties with foreign states.

A second important instrument is the Law on International Cooperation in Criminal Matters (قانون همکاریهای بین المللی در امور کیفری), which governs how Iran cooperates with other countries in criminal matters, including extradition. This statute provides the authority for Iran to enter into bilateral agreements and to implement extradition requests in a manner consistent with domestic protections for suspects and defendants.

Overall, Iranian law emphasizes due process, the presumption of innocence until proven guilty, and safeguards against politically motivated or abusive extradition requests. The exact application of these provisions depends on the specific treaty status with the requesting country and the facts of each case. For precise article numbers and amendments, consult official Iranian legal texts and a Tehran-based attorney who can access current versions.

“Extradition decisions in Iran are influenced by dual criminality, treaty obligations, and protections against political offenses.”

For broader context on how extradition is handled in international practice, you may review guidance from UNODC and U.S. government resources that describe general requirements and safeguards.

Representative sources for general background and international standards include: - U.S. Department of State - Extradition concepts and country-specific considerations - UNODC - International cooperation in criminal matters and extradition frameworks

4. Frequently Asked Questions

What is extradition and how does it start in Iran?

Extradition is the surrender of a person to a foreign authority for trial or punishment. In Iran, a formal request begins with a written communication from the requesting country and is routed through Iranian authorities for review and admissibility.

How do I know if my offense is extraditable under Iranian law?

Admissibility depends on dual criminality and treaty obligations. The offense must be punishable in both Iran and the requesting country, and the matter must fit within the scope of applicable agreements.

Do I need a lawyer to respond to an extradition request in Tehran?

Yes. An attorney can assess legality, protect rights, evaluate defenses, and manage procedural deadlines. Early legal representation improves control over the process.

How long does the extradition process typically take in Iran?

Timelines vary by case complexity, court workload, and treaty procedures. A typical track includes initial review, hearings, possible appeals, and final decisions over several weeks to months.

Can I challenge an extradition decision after it is issued?

Yes. In many cases, you can appeal or seek review within set deadlines. A lawyer can identify the proper appellate path and prepare effective submissions.

Is political offense a barrier to extradition in Iran?

Political offenses are often protected against extradition in international practice, but the exact treatment depends on the case and treaty language. A Tehran attorney can analyze whether an offense falls into this category.

What are common defenses against extradition in Tehran?

Common defenses include lack of dual criminality, violations of due process, abuse of process, or a failure to satisfy treaty requirements. Rights protections under the Constitution may also be invoked.

How much does it cost to hire an extradition lawyer in Tehran?

Costs vary by complexity and time required. Typical fees include consultation, case assessment, and ongoing representation, with retainer arrangements discussed during the initial meeting.

Do I need a local Tehran lawyer or can I hire an international firm?

A local Tehran lawyer familiar with Iranian procedures is essential for the extradition stage, though larger firms with regional presence may coordinate with foreign counsel if needed.

What is the role of the judiciary in Iran’s extradition process?

The judiciary reviews and decides on extradition requests, balancing international duties with national protections. Judges assess evidence, legality, and potential rights violations.

What documents should I prepare if I face an extradition request?

Collect passports, residence documents, police and court records, judgments, treaty-related correspondence, and any English or Persian translations. Your lawyer will advise on additional items.

Will I be held in Tehran while extradition is decided?

Detention practices depend on the case and court orders. Your lawyer can seek protective orders or alternatives to detention when appropriate.

5. Additional Resources

• U.S. Department of State - Extradition pages and country-specific considerations; helpful for comparing international practices. https://travel.state.gov
• U.S. Department of Justice - Extradition and international cooperation in criminal matters; overview of how extradition requests are processed at the federal level. https://www.justice.gov
• United Nations Office on Drugs and Crime (UNODC) - International cooperation in criminal matters and extradition guidance; jurisdiction-general context. https://www.unodc.org

6. Next Steps

1. Gather your documents - collect passport, residence permits, police reports, court notices, and any extradition-related communications. Expect translation into Persian or English as needed.
2. Identify a Tehran-based attorney - look for lawyers with demonstrated experience in international cooperation and extradition matters and verify bar membership.
3. Schedule a consultation - prepare a concise summary of the factual and legal issues, possible defenses, and any deadlines you must meet.
4. Ask about strategy and timelines - request a realistic plan for review, hearings, and potential appeals, with estimated costs.
5. Clarify fees and retainer terms - confirm retainer amount, hourly rates, and what services are included in the fee.
6. Request a written plan - obtain a written overview of the case strategy, expected filings, and communication steps with you.
7. Monitor deadlines and stay in touch - keep track of court dates, treaty-related deadlines, and responses from your attorney to avoid missed steps.