In which countries is there no extradition?

Do you feel that you are being followed or pursued by dangerous individuals? Then you definitely need to find a safe place to live. But how do you choose a country with a stable system of law and order, where you will not be in danger?

First of all, you need to make sure that you are not extradited from this country. After all, your home country may ask for foreign citizenship to extradite you. Whether the grounds for extradition are fair is another question. However, not all countries sign extradition agreements, so they do not extradite suspects for legal or political reasons.

Extradition is the formal process of transferring a person suspected or convicted of a criminal offence from one country to another for criminal prosecution or the enforcement of a court sentence.

Extradition is based on international treaties, conventions and bilateral agreements between states. It is a manifestation of the principle of international solidarity in the fight against crime and contributes to the inevitability of punishment. The extradition procedure is as follows:

Extradition treaties are international agreements between two or more countries that establish a legal framework and procedures for the transfer of persons from one jurisdiction to another for the purpose of criminal prosecution or enforcement of a court sentence.

Treaties establish clear rules and procedures to ensure the predictability and efficiency of the extradition process. They contribute to strengthening relations between states in the fight against crime.

Countries that are not subject to extradition are states that do not have extradition treaties. This means that they are not obliged to extradite persons to other states for criminal prosecution or enforcement of a court sentence.

However, it should be borne in mind that the absence of a treaty does not exclude the possibility of extradition. The transfer of accused or suspects is possible on the basis of individual agreements.

Not all countries have signed international extradition treaties regulating the transfer of suspected or convicted persons from one state to another. This complicates the process of justice at the international level. But, on the other hand, for ordinary citizens, this is an opportunity to hide from danger and persecution.

There are also states that practice partial extradition. Such countries agree to extradite another person for criminal prosecution or execution, but with certain limitations. Not all extradition requests are granted, and extradition is granted only within the established conditions.

Examples of countries with partial extradition:

Each country at the level of national legislation can establish its own rules for regulating the extradition procedure.

Some countries (Germany and Brazil) prohibit the extradition of their citizens. Whereas the United States and Great Britain allow this under certain conditions. Many States refuse to extradite individuals for political offences, but the definition of such an offence may vary.

Differences between the continental and Anglo-Saxon legal systems also affect extradition proceedings. Participation in regional agreements simplifies and unifies the extradition process between the participating countries.

Next, we will consider the features of the extradition procedure in several leading countries.

U.S. extradition rules are governed by federal law (18 U.S.C. §3181-§3196) and numerous bilateral agreements with more than 100 countries.

U.S. law allows the extradition of its own citizens if it is provided for by the treaty. Exceptions may be made if there are humanitarian reasons or a risk of human rights violations.

If the requesting country provides for the death penalty, the United States can demand guarantees that it will not be applied. Refusal of extradition for political crimes. The U.S. routinely refuses extradition for political crimes, with the exception of terrorism and crimes against humanity.

Extradition proceedings in the UK are governed by the Extradition Act 2003. The Act divides countries into Part 1 (countries with a simplified procedure, formerly EU states) and Part 2 (the rest of the countries with which the UK has extradition treaties).

The law allows for the extradition of its own citizens. Assurances regarding conditions of detention and the judicial process may be requested.

After the UK left the EU, new cooperation agreements in the field of extradition were concluded with European countries. The trade and cooperation agreement between the EU and the UK includes extradition provisions replacing the European Arrest Warrant.

These countries have either never entered into an agreement with the UK or have political or legal restrictions that prevent extradition.

The rules governing the extradition of persons are governed by the Extradition Act 1988. Australia also has bilateral agreements and is a party to multilateral conventions.

The court does not assess the guilt or innocence of a person, but only checks the sufficiency of evidence for possible trial in the requesting country (prima facie principle). The Attorney-General may refuse extradition on humanitarian grounds, including a person’s health or family circumstances.

The Extradition Act, 1962 is the principal piece of legislation governing the extradition process in India. India has extradition treaties and agreements with more than 40 countries, including the United States, the United Kingdom, Canada, Australia, and others. India was extraditing its nationals on the condition that all human rights were respected.

If you need legal advice on extradition issues, our international law lawyers are ready to provide professional assistance.

The extradition process in the UK begins with a formal request from another state. The UK cooperates with many countries on the basis of bilateral and multilateral agreements, such as the European Convention on Extradition or agreements with third countries.

If the country is part of the European Union (pre-Brexit), extradition was carried out through the European Arrest Warrant (EAW). Since Brexit, the UK has entered into bilateral agreements with various countries to settle extradition issues.

The Home Office assesses the request for formalities. The availability of the necessary documentation and information is checked.

The High Court or the Magistrates’ Court will then issue a warrant for the person’s arrest. The National Crime Agency can be involved in the execution of the warrant.

The main part of the extradition process takes place in the Magistrate’s Court. At this stage, the court decides on the following issues:

If the court grants the request, it refers the case to the Minister of the Interior, who makes the final decision. He has 2 months to make a decision.

Both parties have the right to appeal:

An appeal must be filed within 14 days of the decision.

If, after considering all appeals, the courts uphold the decision to extradite, the Minister of the Interior issues an extradition order. The person is transferred to the country that sent the request, in accordance with the conditions provided for by international agreements.

Expatriation is a process in which a person voluntarily leaves their country of citizenship or permanent residence in order to live and work in another state for a long time. People who go through this process are called expats.

Expatriation is a voluntary process in which a person renounces their citizenship or permanent residence and moves to another country. Expatriates usually do this for personal or professional reasons: seeking better economic opportunities, education, or quality of life. Extradition is carried out for the purpose of bringing a person to criminal responsibility or executing a court sentence.

An INTERPOL Red Notice is a formal request from one country’s law enforcement agencies to the international community requesting:

Red Notice is not an international arrest warrant, but practically performs a similar function, contributing to the rapid informing of law enforcement agencies about wanted persons.

The main functions of the red notification:

Not all countries are required to detain individuals on the basis of a Red Notice if it is contrary to their legislation. After detention, a long period may pass before the actual extradition through judicial procedures.

Extradition issues are linked to different legal systems, international treaties and have serious implications for human life. If you or your loved ones are facing this problem, it is crucial to get professional legal help.

Our team of qualified attorneys and has significant experience in protecting the rights of clients, so we are ready to provide comprehensive support at every stage of the process: from risk assessment to representation in court. The specialist will prepare an effective defense strategy and represent your interests in court.

Do not postpone the solution of important legal issues. Contact our experts today for professional help protecting your rights.