Extradition: Legal Framework, Procedures, Rights & Challenges

Extradition is the official procedure of turning over a person to another state for prosecution or punishment for crimes committed inside the requested nation’s borders. ‘Extradition’ is derived from two words: ‘ex’ which means ‘out’, and ‘tradium’, which means ‘give up’. The word is based on the Latin legal maxim “aut dedere aut judicare,” which means ‘either extradite or prosecute’. Usually, a bilateral or multinational treaty makes such extradition possible. There are very few governments that will extradite without a treaty. The territorial state and the requesting state are the two states that are involved in extradition. The accused or convicted person leaves to avoid trial or punishment in the ‘territorial state’. The ‘requesting state’, on the other hand, is the location of the offense or the purported location of the offense. Through diplomatic channels and following any treaty, the requesting state formally seeks the accused’s or convict’s surrender.

Key Takeaways

• Extradition employs international law to transfer an individual who is accused or found guilty of an international crime from one state or nation to another for criminal prosecution.
• Extradition accords assist nations in prosecuting offenders who have escaped their jurisdiction.
• Most foreign extraditions in the US are handled by the Marshall Service.
• The United States has extradition treaties with more than a hundred nations.

• According to U.S. law (18 U.S.C. § 3184), extradition can only be authorized in accordance with a treaty.

• However, several nations do not have treaties governing extradition, and those that do often want a promise of reciprocity.

• Furthermore, the United States may extradite individuals (apart from citizens, nationals, or permanent residents) who have committed violent crimes against American citizens abroad, regardless of the existence of a treaty. This authority is granted by 18 U.S.C. 3181 and 3184.

• The Federal Criminal Code and Rules, which follow 18 U.S.C. § 3181, provide a list of nations with whom the United States has extradition treaty relationships; however, please contact the Office of International Affairs (OIA) of the Criminal Division to confirm the veracity of this list.

• In addition to overseeing the Department’s obligations in cases of international extradition, the Office of the Legal Adviser for Law Enforcement and Intelligence (L/LEI) is in charge of giving legal advice to the Department on subjects pertaining to international law enforcement.

• A U.S. magistrate or district court judge transmits to the Department a certification of extradition stating that the fugitive’s extradition would be lawful under the relevant extradition treaty and applicable U.S. law. The Secretary or his designee then makes this determination in accordance with 18 U.S.C. §§ 3186 and 3188.

1. Request to the US State Department: An official request for extradition is made to the US State Department by the foreign government. Usually, this request consists of:

• Specifics of the wanted individual.
• Accused transgressions.
• Supporting records, such as evidence, charge paperwork, and arrest warrants.

2. Review by the State Department: The State Department reviews the request to ensure it complies with the relevant extradition treaty and US law.

3. Arrest Warrant and Detention: The State Department sends the request to the Department of Justice (DOJ) if it satisfies the conditions. The DOJ may ask for the fugitive to be placed under arrest in the US.

4. Habeas Corpus Hearing: A federal court may grant the fugitive a habeas corpus hearing. This hearing establishes if the extradition satisfies legal standards and safeguards the rights of the runaway.

5. Secretary of State’s Decision: After the court renders its judgment, the Secretary of State takes into account all relevant information, including the court’s conclusions and any humanitarian issues, before deciding whether to extradite a person.

6. Governor’s Warrant: The governor of the state where the fugitive is being held receives a surrender warrant from the Secretary of State if authorization is granted. After that, the governor issues a warrant approving the fugitive’s transfer to the nation making the request.

1. Right to a Hearing: In order to contest the extradition request, the sought party is entitled to a fair hearing in court. They have the opportunity to raise objections to extradition during this hearing, including:

• Inadequate proof of the claimed offense.
• The terms of the extradition treaty are being broken.
• Political reasons for making the request.

2. Protection from Unfair Treatment: If the nation of request poses a danger of torture or other harsh or inhuman punishments, extradition may be denied. The party making the request may contend that because of shortcomings in the requesting nation’s legal system, they would not be granted a fair trial there.

3. Double Criminality: In order for extradition to take place, the alleged crime must be illegal in both the nation of request and the country of request (the US).

4. Specialty Principle: Unless the requested nation agrees, this principle shields the requested individual from prosecution for offenses other than the one for which they were extradited.

5. Extra Protection: Extra safeguards may include the following, depending on the particular extradition treaty and national laws:

• Exclusivity for political transgressions.
• Protections depending on the nationality of the individual.
• Taking humanitarian considerations like age or health issues into account.

1. Political Offenses: The definition of ‘political offenses’ immune from extradition is a contentious issue. This may be arbitrary, giving rise to claims that nations reject the extradition of their opponents for political reasons.

2. Double Standards: When powerful countries demand the extradition of fugitives from other countries while opposing the extradition of their own individuals, it raises concerns.

3. Risk of Torture or Inhuman Treatment: Extraditing someone to a nation with a dismal human rights record raises serious concerns about the possibility of torture or an unjust trial.

4. Death Penalty: Nations without the death penalty could be hesitant to extradite a person to a nation where they might be put to death.

5. Legal Complexities: Because different nations have different legal systems, extradition might be difficult. It is possible that evidence obtained in one nation may not be accepted in another.

6. Lengthy Procedures: Extradition may be a drawn-out, bureaucratic procedure that fugitives can take advantage of by creating delays and openings.

7. Cost and Resources: Both the seeking and the solicited countries may find extradition to be a resource-intensive procedure.

8. Absence of Universal Standards: Application differences may arise from the lack of a common framework for extradition.

In order to combat crime and uphold justice on a global scale, extradition is a sophisticated but essential instrument. It enables nations to apprehend runaways and send them back to the area where the alleged crime was committed. Extradition is based on two main sources; i.e., US domestic law and international agreements, or treaties. Extradition is still essential for international law enforcement collaboration. More standard operating procedures are being developed while respecting human rights in matters of extradition.

Who can request extradition?

Government agencies alone are authorized to request extradition; private parties are not permitted to do so. This usually occurs following the filing of charges and the issuance of an arrest warrant for the fugitive.

What is the procedure for extradition?

Typically, the procedure entails the following steps:

• Request from Foreign Government: The nation making the formal request provides information on the runaway and the purported offense.
• Review by the Requested State: The request is examined by the requested state (the US, for example) to ensure that it complies with national laws and treaties.
• Potential Arrest and Hearing: Should the conditions be fulfilled, the wanted person may be taken into custody and granted a judicial hearing to contest their extradition.
• Executive Branch Decision: The executive branch, such as the Secretary of State, has the ultimate decision about extradition following the hearing.

What are some grounds for refusing extradition?

Extradition can be denied, despite a treaty, for the following reasons:

• Political transgressions (other than terrorism).
• Danger of torture or an unjust trial in the nation making the request.
• Death penalty (if it’s not applied in the state that’s desired).
• Double criminality i.e. both nations must consider the conduct to be illegal.

What are the rights of fugitives throughout the extradition process?

The rights of fugitives include:

• The right to a fair trial to contest the request for extradition.
• safeguarding against cruel or inhumane treatment in the nation making the request.
• Protection against double criminality (crime must be illegal in both countries).

Why is extradition important?

The following reasons make extradition essential:

• Making fugitives responsible for their crimes.
• International collaboration in the battle against criminality.
• ensuring the administration of justice.

Reference:

• U.S. Department of Justice
• U.S. Department of State

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.