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.
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