Germany V KB

JD Spicer Zeb Solicitors acted on behalf of both the Requested Person and the Mongolian Government.

An European Arrest Warrant was issued by the federal Court of Germany dated 9th February 2006. The Requested Person was Mr KB, who was wanted to face trial for the illegal kidnapping, false imprisonment and hostage taking of a Mongolian national, Mr Enkhbat Damiran.

It was alleged the kidnap took place in Le Havre, France on the 14th May 2003 and Mr Enkhbat was transported through Brussels to Germany where he was kept hostage in the Mongolian Embassy in Berlin before being drugged and returned to Mongolia to face trial as he was suspected of involvement in the assassination of the Mongolian Foreign Minister, Mr Zorig. Mr KB was alleged to have been a member of the Mongolian ‘Secret service’ at the time of the kidnapping and was accused of leading the mission.

Mr KB was arrested at Heathrow airport on the 17th September 2010. At the time he held the position of ‘Head of the Executive office of National Security for Mongolia’. He had travelled to the UK in the belief he was to meet with members of the British Government to discuss issues of mutual national security.

The argument put forward to prevent his extradition was that he was taking part in a ‘Special Mission’ on behalf of the Mongolian Government at the invitation of the British government and was therefore immune to proceedings by virtue of the United Nations Convention on Special Missions 1969 to which the UK had signed up to but not ratified. By this fact he had immunity in customary International law and therefore national law.

Extradition was ordered by the City of Westminster Magistrates court on the 18th February 2011 and an appeal was lodged with the Administrative Court, Royal Courts of Justice. The case escalated and at the final hearing not only were Mr KB and the Federal Court of Germany represented but the Mongolian Government and the Secretary of State for Foreign and Commonwealth Affairs were also joined as interested parties.

The appeal was refused and Mr KB was eventually extradited to Germany in September 2011. The charges against him were dropped by the Federal Court very soon after his arrival in Germany, shortly before a visit to Mongolia by Angela Merkel the German Chancellor.