Guidance Materials and Sample Applications
This page provides a sample application entitled “Request for Refusal of a Letter of Request on the Ground of Its Political Nature”, together with an overview of the relevant legal framework for use in cases where criminal proceedings are alleged to be politically motivated.
The content summarises the principal legal arguments that may be relied upon when opposing politically motivated requests for judicial assistance. It is intended for guidance purposes only and should be adapted to the specific facts and circumstances of each individual case.
Sample Petition for the Refusal of a Letter of Request on the Ground of Its Political Nature
This sample petition is intended to assist in preparing objections or requests for refusal to be submitted to the competent authorities in cases where criminal investigations or requests are politically motivated, where there is no genuine criminal accusation, or where the request is incompatible with the principles governing international judicial cooperation.
The petition includes legal arguments commonly relied upon in politically motivated proceedings, including situations where:
the request is based primarily on the person’s political opinion, beliefs, or affiliation;
the criminal proceedings lack independent and impartial judicial scrutiny;
the acts underlying the request do not constitute criminal offences for the purposes of international mutual legal assistance; or
compliance with the request or the return of the individual would expose them to a real risk of ill-treatment, an unfair trial, or arbitrary detention.
A download link is provided below each sample petition, allowing you to download the document directly to your computer.
⚖️ Note: This petition is provided as a sample only. It should be adapted to the specific facts and circumstances of your case, and additional supporting documents may be required.
