Extradition between Antigua and the US

The geographical location of the state government of Antigua and Barbuda, near the US Virgin Islands and Puerto Rico, makes the jurisdiction and state an attractive transit site for drug trafficking, money laundering, tax evasion, and a series of other financial crimes. To address such legal issues, the state government has signed several anti-crime agreements.

The United States and Antigua and Barbuda have an extradition treaty signed into force on June 3, 1996 and the extradition act of 1993. This treaties establish the legal framework and procedures for the transfer of individuals between jurisdictions, facilitating cooperation in the fight against crime.

Extradition between Antigua and Barbuda and the United States is provided for the following categories of crimes: murder and causing serious bodily harm, kidnapping, sexual and labor exploitation, financing of terrorism, planning and carrying out terrorist acts, financial fraud, money laundering, bribery, embezzlement of state funds, illegal drug trafficking, and cybercrimes. In general, the extradition agreement between antigua and the state of us is applied only to crimes for which the punishment entails imprisonment for a term of not less than one year.

The extradition process begins with one party state submitting an official, signed treaty request through a series of diplomatic and government channels.

An extradition request must include:

The requesting party can submit a request for the temporary arrest of an individual before filing an official extradition request. Temporary arrest typically does not exceed 60 days. If the official request is not received within this time frame, the individual may be released.

The authorities of the state and the host country conduct a preliminary review. The request is evaluated for compliance with the provisions of the treaty and the terms outlined on the extradition Act. It is checked whether the extradition violates the provisions of the extradition treaty for the fundamental human rights of the accused.

If the request meets the requirements of state, a warrant for the temporary arrest of the individual is issued. The accused is detained until the conclusion of the trial. They are granted the right to defense and consultation with the state department through a lawyer.

At the court hearing, an evaluation of the presented evidence of the order to land provisions is conducted for compliance with the principle of dual criminality is checked, and the presence of grounds for refusal is also considered.

If the court decides on extradition, the accused person has the right to appeal to higher authorities. Possible errors or violations during the initial hearing are considered. The appeals process can take several months or even years.

Even after court approval, the final decision remains with the executive authority (for example, the Minister of Justice or the President). If all legal and administrative procedures are completed, the accused person is handed over to the requesting party.

From the moment of your arrest, notification or commencement of extradition proceedings, you have the right to qualified legal assistance. A lawyer will help you navigate the complexities of the case and develop an effective defense strategy. Communication with the government and your lawyer is confidential and protected by law.

You must be immediately informed of the reasons for your detention order and the crimes you are being accused of. You also have the right to receive copies of whoever signed the order and all documents related to the order upon request, including indictments and evidence.

Your case must be considered by an independent and impartial court in accordance with the country’s laws. A person is presumed innocent until proven guilty in a court of law. Additionally, the accused has the right to present evidence in their defense to contest the charges.

You have the right to appeal the court’s decision on the extradition permit in higher judicial instances. During the period of the appeal’s consideration, extradition is usually suspended, which provides additional time for preparing a defense.

Your lawyer can challenge the request on presence of sufficient evidence for an order of extradition, pointing out flaws or contradictions in the materials the government has presented. The crime you’re accused of must be criminally punishable in both countries. If that’s not the case, extradition can be denied. Extradition is not allowed for crimes of a political nature.

If you do not receive a fair trial in the requesting country, this can serve as a basis for denying extradition. Furthermore, if the crime committed is punishable by the death penalty in the requesting country, another jurisdiction may only approve the request if there are guarantees that it will not be applied.

Any procedural errors or treaty violations by the requesting country can be grounds for denying extradition. If the statute of limitations for criminal liability has expired, extradition should also not be carried out.

You need to file an appeal within the deadlines established by law. Your lawyer will help ensure all formalities are met. If necessary, you can turn to the country’s higher judicial authorities for a review of the decision. In exceptional cases, it’s possible to appeal to international courts or human rights commissions.

In Antigua and Barbuda, the death penalty is still legally in place, although it is not actually used in practice. In the USA, the death penalty is only active in certain states. If an extradition treaty could lead to the use of this punishment, it could serve as a basis for refusal.

Individuals awaiting extradition hearings can be detained for months or even years. The extradition process can limit the ability to continue professional activities. Public attention to the case can damage the reputation of expatriates, even if the charges are later dropped.

Executives accused of economic or administrative crimes may become subjects of extradition. Charges against key employees can lead to the freezing of company assets or the cancellation of licenses. Such a request can negatively impact the company’s reputation among its business partners and clients. Investors may refuse to invest in a business associated with criminal proceedings.

It’s also important to consider the financial repercussions: costs for legal support, case settlement, loss of their agreements signed with key clients, and consequently, a decrease in profits.

Regulating maritime law enforcement agreement with the extradition process between the United States and Antigua and Barbuda requires a deep understanding of both national laws and international treaties.  Our legal team  specializes in international law enforcement matters and has many years of experience dealing with extradition cases.

We are well acquainted with the conditions of extradition between the us and Antigua, which allows us to effectively represent our clients’ interests. Our attorneys develop effective defense strategies taking into account the individual circumstances of each case. We engage specialists from various legal fields to achieve the best possible outcome. Our team works on minimizing reputational, financial, and legal risks for our clients.

Reach out to our extradition attorneys contact us right now to get an initial consultation and discuss the next series of steps for protecting your interests. Our specialists will make every effort to minimize risks and achieve a favorable outcome for your case.