26. Extradition

Extradition

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:

  1. Bilateral or multilateral treaties between countries
  2. National extradition laws that outline the procedure
  3. 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)

  1. Formal Request Submitted by the requesting government
  2. Judicial Review by the requested country’s courts
  3. Executive Decision made by the government (based on court advice)
  4. 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.

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