Extradition to/from the Dominican Republic
The Dominican Republic is a popular destination for investors and expats. However, at the same time, this country actively cooperates with foreign states on extradition matters. For businesses and individuals, this means that being on the territory of the Dominican Republic does not guarantee full protection from requests by law enforcement agencies of other countries.
Our legal team specializes in international extradition cases and provides comprehensive defense to clients facing the threat of extradition or filing a request for the return of an individual from the Dominican Republic. We work with both official requests from states and Interpol red notices. We provide consultations on the legal grounds for extradition in the Dominican Republic and international treaties, conduct legal risk analysis of extradition, and develop a defense strategy, represent clients’ interests in courts, seeking denial of extradition in cases of procedural violations or human rights breaches, and accompany the appeal process in international instances.
Is there extradition in the Dominican Republic?
The question of extradition in the Dominican Republic often arises among foreigners, investors, and expats who are considering this country for living and doing business. The answer is unequivocal: yes, extradition in the Dominican Republic exists, and it is regulated by both national legislation and international treaties.
Internal norms are enshrined in the Constitution of the Dominican Republic and the Criminal Procedure Code. These acts define the conditions under which a citizen or a foreign individual may be extradited to another state. Extradition is permitted only on the basis of a court decision, taking into account the principles of fair process and the protection of human rights.
In practice, extradition requests are reviewed by the Supreme Court of the country, and the final decision is approved by the President of the Republic. At the same time, the presence of a treaty or the principle of reciprocity, as well as the severity of the alleged offense, are taken into account.
How does extradition work in the Dominican Republic?
Extradition in the Dominican Republic is regulated by a combination of national legislation and international treaties. Domestic norms are established in the Constitution and the Criminal Procedure Code, as well as in special laws on cooperation with foreign states. At the same time, the Dominican Republic is a party to a number of bilateral and multilateral extradition agreements, which allows the country to cooperate with the USA, Latin America, and Europe in combating crime.
It is important to consider that the extradition process in the Dominican Republic is complex and requires the involvement of experienced lawyers. Decisions are made by courts and can be appealed, and the final approval is given by the president of the country. Therefore, foreigners faced with an extradition request should seek professional legal protection to ensure their rights are upheld.
When considering the request, internationally recognized legal principles are applied:
- Double criminality. The requested act must be recognized as a criminally punishable offense in both jurisdictions. If the violation is not considered a crime under local law, extradition is impossible.
- The principle of specialty. A person extradited to another country can only be held accountable for the crimes specified in the extradition request. Using extradition for other purposes is unacceptable.
- Non bis in idem. If a person has already been convicted or acquitted for the same actions, their extradition is impossible.
- The minimum level of punishment. The crime must be punishable by imprisonment for at least one year (or another term established by agreements).
- The presence of sufficient evidence. The request must be accompanied by an arrest warrant, an indictment, and a sentence, as well as evidence confirming the justification of the prosecution.
- Guarantees of human rights. The request is executed only under the condition of compliance with international standards: the prohibition of torture, inhuman treatment, and discrimination.
- Compliance with procedural norms. All documents must be submitted in the prescribed form, translated into Spanish, and certified through diplomatic channels.
- The decision of the Supreme Court. The final basis for issuance is the decision of the Supreme Court of the country, which verifies the legality of the request and its compliance with international and domestic norms.
Extradition in the Dominican Republic is most often applied in cases related to drug trafficking, corruption, money laundering, and financial crimes. At the same time, the process can last from several months to several years, depending on the complexity of the case, the number of appeals, and international pressure.
Extradition from the Dominican Republic to the USA
Extradition from the Dominican Republic to the USA begins with an official request from the American authorities, which is sent through diplomatic channels and documented. After this, the case is reviewed by Dominican courts, which verify the compliance of the request with the terms of the treaty and domestic law. The procedure includes a check of the principle of double criminality, as well as an assessment of the severity of the charges.
The courts of the Dominican Republic play a key role, as they are the ones who make the decision on the admissibility of extradition. However, the final decision on extradition remains with the executive branch, which reflects the balance between the judicial and political components of the process. In the case of a positive decision, the suspect is handed over to representatives of the United States for further criminal prosecution.
Extradition from the Dominican Republic to the USA is a legally established and actively applied mechanism. The cooperation between the two countries is based on the international treaty of 1910 and the principles of mutual respect for legislation.
How does the USA achieve the extradition of suspects?
The American authorities use several tools to achieve extradition from the Dominican Republic.
Firstly, extradition requests are sent, prepared in accordance with the requirements of the treaty and international law. Such requests must clearly specify the crimes, evidence, and references to applicable laws.
Secondly, Interpol is actively used. The USA often achieves the issuance of Red Notices, which allows law enforcement agencies to detain a person until an official request is received.
Thirdly, the mechanism of diplomatic channels operates. Through embassies and the Ministry of Foreign Affairs, the USA conducts negotiations and confirms the legal basis for extradition. This helps to speed up the process and eliminate formal obstacles.
Is there an extradition treaty between the USA and the Dominican Republic?
Yes, there is an official extradition treaty between the USA and the Dominican Republic. It was signed in Santo Domingo on June 19, 1909. The chronology of its ratification is as follows:
- July 26, 1909: The U.S. Senate recommended the ratification of the treaty with amendments;
- April 29, 1910: the treaty was ratified by the President of the USA;
- July 11, 1910: The Dominican Republic approved the ratification;
- August 2, 1910: the exchange of ratification documents took place in Santo Domingo;
- August 26, 1910: the treaty was officially proclaimed.
This agreement establishes the basic rules of extradition, including a list of extraditable crimes and the conditions under which extradition may be denied. Despite the fact that the document was adopted more than a hundred years ago, it remains in force and is used in practice.
The Dominican Republic and other countries: with whom there is an extradition agreement
The Dominican Republic has a developed network of international agreements regulating the extradition procedure. These treaties establish the legal framework for surrendering individuals to other states and ensure the transparency and legality of the process:
The Inter-American Convention on Extradition of the Organization of American States (OAS) was signed in Caracas on February 25, 1981, and functions as a multilateral instrument of cooperation among the states of the Americas. It establishes general rules for extradition and serves as a supplement to bilateral treaties. For the Dominican Republic, participation in this convention is of key importance as it expands its network of international cooperation, enabling interaction on extradition matters not only with the United States but also with many Latin American and Caribbean countries, even in the absence of bilateral agreements.
Extradition Dominican Republic — Spain
Despite the fact that there is no bilateral extradition treaty in the classical sense between the countries, the extradition process is carried out based on international agreements, participation in multilateral conventions, as well as the principle of reciprocity. Each party may satisfy the request of the other if the crime is prosecutable under the laws of both countries and corresponds to the principle of double criminality.
In the Dominican Republic, the legal mechanism of extradition is regulated by the Constitution and the Criminal Procedure Code, as well as obligations under international conventions. Spain, in turn, actively utilizes the institutions of the European Convention on Extradition and cooperates with Latin America through the mechanisms of the Organization of American States.
Particular attention is paid to serious crimes: drug trafficking, human trafficking, corruption, and financial fraud. In such cases, the Spanish authorities send a formalized request through diplomatic channels or using Interpol, after which the case is reviewed by the Supreme Court of the Dominican Republic.
Extradition Dominican Republic — Italy
Despite the absence of an official bilateral extradition treaty between these countries, the extradition of suspects and accused individuals still occurs based on the principle of reciprocity, as well as within the framework of international obligations, including UN conventions and the Inter-American legal system.
Italy often submits extradition requests to the Dominican Republic in cases of organized crime. This concerns mafia activities, participation in criminal organizations, money laundering, and large-scale drug trafficking schemes. These categories of crimes are considered transnational, which makes cooperation between the countries especially relevant.
The extradition procedure is initiated through official diplomatic channels, as well as using Interpol mechanisms. Special attention is paid to human rights: if there is a risk of torture, discrimination, or violation of basic procedural guarantees, the court may refuse extradition.
Extradition Dominican Republic — Russia
There is no formalized mechanism between countries. Nevertheless, cooperation in certain cases is possible through Interpol channels, as well as diplomatic notes and interagency agreements.
Most often, such requests concern serious crimes: drug trafficking, corruption, financial fraud, organized crime. However, the decision on extradition is made by the Supreme Court of the Dominican Republic, and it may be negative if there is a risk of violation of fundamental human rights, non-compliance with the principle of double criminality, or the danger of political motivation in the case.
In real practice, the Dominican Republic very rarely satisfies requests for extradition to Russia, preferring to consider such cases on an individual basis and relying on international standards of justice.
Extradition Dominican Republic — France
Extradition between the Dominican Republic and France represents a complex legal process based on the norms of international law and the national legislation of both countries.
France often submits extradition requests to the Dominican Republic in cases related to serious crimes: drug trafficking, terrorist activities, money laundering, and sexual offenses. These categories of cases are considered a priority in international practice, as they directly affect public safety and the international obligations of states.
In practice, extradition from the Dominican Republic to France is carried out selectively. However, cooperation between the countries remains close, especially within the framework of combating transnational crime. For individuals who find themselves in such a situation, a key factor becomes competent legal support, allowing them to protect their rights and develop a strategy in the context of an international criminal process.
The procedure of extradition in the Dominican Republic
The procedure begins with an official request from a foreign state, sent to the Ministry of Foreign Affairs of the Dominican Republic. The request may be submitted through diplomatic channels or via Interpol in the form of a Red Notice. It specifies the individual’s details, the qualification of the crime, evidence of guilt, and references to applicable norms. Documents confirming the existence of an arrest warrant or a sentence must be attached.
The Ministry of Foreign Affairs transfers documents to the Ministry of Justice (General Prosecutor’s Office). At this stage, the presence of an international extradition treaty or the principle of reciprocity is checked, as well as the formal correctness of the documents (originals, translations, seals), and the compliance of the request with the norms of national legislation.
If a person is located in the territory of the Dominican Republic, the prosecutor’s office may request their temporary arrest. It is carried out by a court decision at the request of the prosecutor’s office. The maximum period of temporary arrest is 60 days to allow the foreign state to provide a complete set of documents. At this stage, the presumption of innocence also applies.
All extradition cases are reviewed by the Supreme Court. It examines the principle of double criminality, the severity of the crime, the absence of a political nature in the prosecution, compliance with human rights, and procedural guarantees.
Based on the results of the hearing, the Supreme Court issues a decision. If extradition is approved, the Ministry of Foreign Affairs and the Ministry of Justice coordinate the date and place of the transfer of the individual. The extradited individual is handed over to representatives of the requesting state at an international airport under the supervision of special services.
Can they refuse extradition?
Despite obligations under international treaties, states often refuse to extradite requested individuals. The reasons for such refusals are established in international conventions and national laws:
- The political nature of the persecution. If the crime is classified as political (participation in opposition activities, protests, publication of critical materials), extradition is denied.
- Risk of human rights violations. If the suspect faces torture, inhuman treatment, or the death penalty in the requesting state, extradition is impossible. The European Court of Human Rights has developed a standard according to which countries are obliged to take humanitarian risks into account.
- The principle of double criminality. Extradition is possible only if the act is recognized as a criminal offense in both jurisdictions.
- The principle of non bis in idem. If a person has already been convicted or acquitted for the same crime in the country of residence, extradition is impossible.
- Statute of limitations. If in one of the countries the statute of limitations for criminal prosecution has already expired, the request shall not be satisfied. The statute of limitations is determined both by national and international law.
- The principle of specialty. A person extradited for a specific crime cannot be held accountable for other acts committed prior to the extradition.
- Citizenship. Many states do not extradite their own citizens, citing constitutional guarantees. In such cases, an alternative is possible: the transfer of the criminal case for consideration by local courts.
- Political expediency. Sometimes extradition is denied due to the risk of complicating international relations or threats to national security. Even with formal grounds, states reserve the right to refuse.
Extradition lawyers in the Dominican Republic
Our lawyers specialize in supporting clients at all stages of the process: from the initial review of the request to defending interests in courts and negotiations with government authorities. We analyze the legal grounds for extradition, verify the legality of the request, and assess potential risks for the client. In case of violations, our team prepares a well-reasoned position and presents it before the courts of the Dominican Republic.
Particular attention is paid to the protection of fundamental human rights. If there is a threat of inhuman treatment, politically motivated persecution, or the death penalty in the requesting state, we seek a refusal of extradition. Additionally, we assist clients in conditional extradition procedures, ensuring compliance with the principle of specialty and monitoring the limitation of criminal prosecution strictly within the bounds of specific charges.
Our lawyers have experience interacting with prosecution authorities, courts, as well as diplomatic missions, which allows us to develop an effective defense strategy. We also provide consultations on possible alternatives to extradition—transferring the criminal case for consideration by local courts, which often proves to be more beneficial for the client.
If you or your loved ones find yourselves in a situation related to extradition in the Dominican Republic, it is important to act quickly and professionally. Contact the lawyers of our company we will develop an individual defense strategy and ensure maximum protection of rights at the international level.
