Extradition

Extradition is a formal process where one country surrenders an alleged or convicted criminal to another country. The process is regulated by treaty and conducted between sovereign states. It is an ancient mechanism, dating back to at least the 13th century BC, when an Egyptian pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite king, Hattusili III.

Overview

Extradition is requested when an individual commits a crime within the jurisdiction of a country, flees to another country and is sought to be returned to the jurisdiction where the crime was committed for trial or punishment. The extradition process is contingent on the laws and policies of the requested state and whether the alleged crime is considered a crime in both jurisdictions.

Legal Basis

The legal basis for extradition can be a treaty between the two countries or a national law of the requested state. The Extradition Act or similar legislation provides the legal framework in many countries. The extradition treaty typically outlines the crimes for which extradition can be allowed, the procedures for the request, the evidence required, and special extradition procedures.

Extradition Process

The extradition process usually involves the following steps:

1. The requesting state prepares a request for extradition including the identity of the person sought, the alleged crime, the law(s) violated, and the evidence.
2. The requested state reviews the request to ensure it complies with the legal requirements and the extradition treaty.
3. If the request is approved, the person sought is arrested and brought before a court.
4. The court determines whether the extradition request is valid and whether the person can be extradited.
5. If the court approves the extradition, the executive authority of the requested state makes the final decision to extradite.

Extradition and Human Rights

Extradition can be refused if it is likely to result in a violation of the person's human rights. This includes situations where the person might be subjected to torture, inhuman or degrading treatment or punishment, or if the person might face the death penalty in the requesting state.

See Also

• Extradition Act
• Extradition treaty
• Human rights
• International law

Extradition Resources
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