Extradition is a legal process in which one country formally requests the surrender of an individual from another country for the purpose of facing criminal prosecution or serving a sentence for a crime committed within the jurisdiction of the requesting state.
It is a key tool for international criminal justice, allowing countries to prevent safe havens for fugitives and uphold the rule of law.
Legal Framework
Extradition typically operates based on:
- Bilateral or multilateral treaties between countries
- National extradition laws that outline the procedure
- Principles of international comity and reciprocity
Conditions and Restrictions
While cooperating on criminal transfers, countries usually observe these safeguards:
- Dual Criminality: The alleged act must be a crime in both countries.
- Political Offence Exception: May be denied for political crimes.
- Fair Trial Assurance: The requested country may seek guarantees of a fair trial.
- Non-extradition of Nationals: Some nations do not extradite their own citizens.
- Death Penalty Clause: Can be refused if the requesting country imposes the death penalty, and the requested country has abolished it.
Extradition Process (Overview)
- Formal Request Submitted by the requesting government
- Judicial Review by the requested country’s courts
- Executive Decision made by the government (based on court advice)
- Surrender or Denial based on legal and humanitarian grounds
Importance of Extradition
- Global crime control
- Counter-terrorism efforts
- Curbing tax evasion and corruption
- Preventing transnational organized crime
High-profile cases involving economic offenders or terror suspects often test the diplomatic and legal relationships between countries.
