Extradition Lawyers |
Extradition Law Firm
Modern nations have well-established diplomatic relations. As a result, it’s practically impossible to avoid punishment for a crime committed on the territory of another country. Based on international treaties on mutual legal assistance, countries carry out the process of extradition – the transfer of suspects or accused individuals upon the request of a foreign state or Interpol.
You need to do this immediately after receiving a request to locate the person. Our team of experienced attorneys is ready to provide consultation and take all necessary steps to protect you.
We are Extradition Lawyers
INTERPOL Attorney Kendall Coffey has represented clients from all over the world. He possesses exclusive knowledge and extensive experience crucial for preventing your extradition proceedings.
Explanation of the Extradition Process
Extradition is a legal process through which one country hands over a person suspected or convicted of committing a crime to another country for trial or to serve their sentence.
The extradition process begins with an official request from one country to the country where the individual is located. This request must include the necessary documents and evidence to justify the extradition, in accordance with the requirements of international treaties and domestic law.
The state to which the request is made conducts a legal review of the request to ensure it complies with its national laws and international obligations.
The following factors are considered
- Dual criminality: the act is considered a crime in both countries;
- Ban on extradition for political or military crimes;
- Human rights guarantees.
After a positive decision, the individual is transferred to the requesting country for further review or to carry out the sentence.
Extradition is governed by various international documents
- Multilateral conventions;
- Bilateral treaties: entered into between individual states to detail the conditions of extradition;
- International agreements on combating specific types of crimes.
International and domestic extradition
There are two main types of extradition: international (between countries) and domestic (between states or regions within a single country).
International extradition occurs between sovereign states and is governed by the norms of international law and the national legislations of the respective countries. The procedure includes an official request from the requesting state to the state where the individual is located. This request is considered by the judicial and executive authorities of the state being asked, taking into account international obligations and national laws.
Domestic extradition occurs between administrative units within the same country, for example, between states in a federal country. The process is quicker and involves cooperation between law enforcement agencies from different regions, without the need for international requests or diplomatic procedures.
Stages of the Extradition Process
The extradition process starts with an official request from the requesting country to the country where the individual is located. It includes detailed information about the person, a description of the crime, the violated legal norms, and the legal basis for extradition. It’s necessary to provide an arrest warrant, court decision, or other legal documents that justify the request.
After receiving a request, the government can temporarily detain an individual. If the location of the individual is unknown, international mechanisms such as Interpol can be utilized. Temporary detention is carried out based on a warrant for arrest or through national law enforcement agencies to prevent the individual from fleeing.
The competent authorities of the state to which the request is made analyze the request for compliance with national legislation and international treaties. They check whether the request meets the principles of dual criminality, and whether the crime falls under political or military categories, for which extradition is not carried out.
After the review is completed, the competent authorities make a decision. If the decision is positive, the individual is transferred to the requesting state.
Our law firm specializes in international law and extradition matters. We’re ready to provide professional consultation and legal support throughout all stages of the extradition process, ensuring the protection of our clients’ rights and interests.
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NOTE: The majority of Interpol Red Notices are not on the public database. Therefore, you should be careful, because the notices are circulated among 195 countries worldwide. Contact our lawyer Dmytro Konovalenko for a free consultation by sending an email to [email protected] and check how you can seek removal of the notice.
INTERPOL keeps a (1) public and (2) private (law enforcement only) list of Red Notices.
Grounds for Extradition
Key legal grounds for carrying out the extradition process:
- The principle of dual criminality;
- The presence of international treaties, conventions, or bilateral agreements between states;
- The minimum severity level of a crime for extradition to be carried out;
- The non-political nature of the crime;
- Non bis in idem (extradition does not occur if the person has already been convicted or acquitted for the same crime).
Reach out to us for a consultation and detailed analysis of your situation.
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Criminal Charges and Extradition
Extradition is a complex legal process governed by international treaties and national laws. The specific grounds for extradition vary between countries and depend on their agreements. Many nations require that the alleged crime be punishable in both the requesting and the requested country. Not all criminal charges can serve as grounds for extradition. Reach out to our team for expert legal support and to resolve your situation.
Criminal Charges:
- Serious crimes: murder and intentional infliction of grievous bodily harm;
- Terrorist activity;
- Trafficking in narcotics and psychotropic substances;
- Human trafficking;
- Crime against sexual freedom and inviolability;
- Kidnapping of people;
- Corruption and financial fraud;
- Cybercrimes;
- Crimes against national and international security.
General Strategies for Fighting Extradition
Fighting extradition requires a thorough analysis of the case and the implementation of effective legal strategies.
An attorney can check if all procedural requirements were followed during the arrest and the submission of the extradition request, whether the arrest warrant is lawful, and if it complies with national laws and international treaties.
The defense can argue that the act for which the individual is being prosecuted is not considered a crime in the state where they are located. If the person is being pursued for political crimes, their lawyer can point out that extradition for such acts is prohibited by many international treaties and national laws.
If someone has already been convicted or acquitted of the same crime in the country where they are or in a third country, a lawyer can refer to the principle of non bis in idem to prevent extradition. The lawyer can demand guarantees from the requesting country that the client’s rights will be respected, including the right to a fair trial, access to legal assistance, and other procedural rights.
Exceptions to contracts
Even if there’s an extradition treaty between countries, there can be exceptions that make it impossible to extradite a person:
- Political crimes. Many international extradition treaties contain provisions that prohibit the extradition of individuals for political crimes.
- Risk of human rights violations. If there’s a serious risk that the person in the requesting country would be subjected to torture, inhumane or degrading treatment, extradition can be denied.
- Prohibition on extraditing one’s own citizens. Some countries do not extradite their citizens to other countries, even if there is an extradition treaty.
- The principle of “Non bis in idem.” Extradition is not carried out if the person has already been convicted or acquitted for the same crime in any country.
- War crimes. Some treaties exclude extradition for war crimes that are not considered crimes under general criminal law.
- The principle of dual criminality. Extradition is only possible for actions that are recognized as crimes in both countries.
Procedural violations and human rights abuses
Extradition can be denied due to procedural violations or human rights abuses.
- Incompleteness or inaccuracy of documents;
- Failure to meet deadlines;
- Denial of access to a lawyer;
- Lack of a fair trial;
- Failure to observe the principle of dual criminality;
- Lack of an independent judicial system.
We need to gather documents, testimonies, and other materials that confirm the presence of procedural violations or the risk of human rights infringements. A thorough analysis of national legislation and judicial practices will help identify potential procedural errors.
Our company is ready to provide professional legal assistance, conduct a detailed analysis of your situation, and develop a personalized defense strategy.
Federal extradition procedures in the US
Extradition to the U.S. is governed by the Federal Extradition Act (18 U.S.C. §§ 3181-3196), as well as numerous bilateral treaties.
The process starts with an official request from a foreign government to the U.S. State Department. The State Department checks if the request meets the conditions of the extradition treaty and then forwards it to the Justice Department.
The Department of Justice is reviewing the request for compliance with federal law and international obligations. If the request is deemed justified, the federal prosecutor will go to court to obtain a warrant for the person’s arrest.
Federal law enforcement agencies detain an individual based on an issued warrant. The extradition hearing takes place in a federal district court before a magistrate or judge. The court does not determine the person’s guilt but only checks:
- Is there an active extradition treaty?
- Does the crime fall under the terms of the agreement?
- Is there sufficient evidence for reasonable suspicion?
If the court finds the extradition to be lawful, it certifies this decision and forwards the case to the State Department.
Challenging Evidence in Extradition Cases
One of the key aspects of protecting a client from extradition is challenging the evidence presented. Lawyers can employ various strategies to undermine the validity of the extradition request.
A lawyer needs to carefully review all the provided documents and evidence to determine their compliance with legal requirements. In extradition cases, the principle of “probable cause” is often applied.
- Insufficient evidence;
- General or vague accusations.
A lawyer can look for inconsistencies in the evidence: the accounts of different witnesses don’t match up, events are described in the wrong order, or dates don’t align. If testimony was obtained under duress or through torture, it can be deemed inadmissible.
If you need professional legal assistance with extradition cases, our company is ready to provide qualified support throughout the entire process.
Legal Steps to Counter Extradition
Legal Steps to Counter Extradition
The first step is to consult with an experienced attorney who specializes in international law and extradition cases. A legal expert will be able to assess the situation, develop a defense strategy, and represent your interests in court.
The lawyer will check if all procedural rules were followed during the arrest. The defense can argue that the extradition request does not meet legal requirements. Presenting evidence that refutes the charges can strengthen your position.
If national remedies have been exhausted, it may be possible to appeal to European Court of Human Rights and UN Human Rights Committee. Reach out to us for professional legal assistance and protection of your rights.
Interpol’s Red Notice and Its Impact on Extradition
Interpol’s Red Notice and Its Impact on Extradition
A Red Notice is an official request from law enforcement in one country to law enforcement agencies in other Interpol member countries for the location, arrest, and detention of an individual with the aim of extradition. Interpol uses a system of color-coded notices to coordinate international cooperation in fighting crime, and the Red Notice is the most serious among them.
The country looking for an individual sends a request to the INTERPOL General Secretariat asking for a Red Notice to be issued. The request must include information about the crime, legal documents, and personal identification details. The General Secretariat reviews the request to ensure it meets INTERPOL’s rules. If the request is in compliance, INTERPOL issues a Red Notice and distributes it to all member countries. Although a red notice is not an international arrest warrant, many countries use it as sufficient grounds for temporarily detaining a person until an official extradition request is received.
How can our extradition lawyers help you?
Professional legal support at every stage of extradition is critically important for protecting your rights and interests. Our qualified lawyers are ready to provide the following services. Reach out to us today, our experts will provide detailed legal advice.
If someone has concerns about a Red Notice, they should consult with a qualified attorney who specializes in international law. Legal professionals can provide guidance on the proper channels for addressing such matters within the bounds of the law.
- 01
Initial Consultation
Reviewing the case circumstances, documents, and charges to determine strategies for further defense.
- 02
Appealing an Extradition Request
Reviewing the legality and justification of the request, developing an appeal strategy.
- 03
Working with Interpol
Appealing and Removing Wrongfully Issued Red Notices.
