Rights and Protections in Extradition Proceedings
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.
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