Extradition To and From the United States
Faced with the threat of extradition to the United States? This is an extremely complex and multifaceted legal procedure that can jeopardise your freedom, reputation, and safety. In such moments, it is important to secure legal support from experienced experts capable of competently defending your interests.
Our company, with many years of experience in the field of extradition, offers comprehensive legal support: case analysis and assessment of the prospects for its successful resolution, development of a defence strategy, and challenging the legality of extradition. We work promptly, thoroughly analyse all details, and develop personalised strategies for each client, striving to minimise risks and ensure the most favourable outcome.
How does extradition work?
Extradition is a legal procedure for transferring a person suspected or convicted of committing a crime from one jurisdiction to another for prosecution and enforcement of a court sentence.
Extradition is based on the norms of international law, primarily on bilateral or multilateral agreements between states. At the same time, each country adheres to its national laws and procedures corresponding to international obligations.
Extradition performs several key functions:
- Combating impunity. Criminals cannot escape responsibility simply by moving to another country or hiding abroad;
- Strengthening international legal order. Established cooperation, based on mutual recognition of court decisions and respect for laws, contributes to stability in international relations;
- Justice and the protection of law and order. Extradition allows law enforcement agencies to complete the investigation and judicial process. If the accused is hiding abroad, extradition ensures their presence in court for a fair trial.
In international law, there are certain principles that form the basis of extradition. For example, the principle of double criminality states that the act for which a person is sought must be recognised as a criminal offence in both jurisdictions.
According to the principle of speciality, the extradited person can only be held accountable for the crime for which extradition was agreed. The principle of non bis in idem states that a person cannot be prosecuted again if they have already been convicted or acquitted for the same crime in the country of residence. If the crime is of a political nature, most states do not extradite such persons.
In most cases, states conclude bilateral agreements on extradition, where they specify the list of crimes subject to extradition, the severity of the offence, the conditions and procedures for submitting a request, the grounds for refusal of extradition, the timeframes, and details of holding the person in custody during the consideration of the request. Additionally, there are also multilateral conventions, upon ratification of which states adopt common procedures and principles of cooperation on extradition matters.
Even with an agreement in place, the state may refuse extradition if the requested person is at risk of violation of fundamental rights, there is a likelihood of an unfair trial or politically motivated persecution, or there is a possibility of the death penalty being applied as a punishment in the requesting jurisdiction.
In the following situations, extradition cannot be carried out:
- The absence of an extradition treaty between countries, or the agreement does not cover a specific type of crime;
- Political motives for persecution or the threat of human rights violations (use of the death penalty, torture);
- In the country of residence, there is a constitutional prohibition on extraditing its own citizens;
- According to the law of the country that received the request, the statute of limitations for criminal prosecution for the committed offence has expired;
- A person has already been convicted or acquitted for the same crime; repeated prosecution is inadmissible.
If you or your loved ones are facing issues of extradition, international search, or require consultation on criminal legal risks abroad, contact specialised experts. International law specialists will help analyse the case, propose defence options, and ensure the safest possible resolution of the situation.
Legal Basis for Extradition in the U.S
Although the US Constitution does not contain a specific article directly regulating extradition, it lays the foundation of the principles of federalism and the separation of powers on which the entire legal system is built. According to the Constitution, federal laws and international treaties ratified by the US take precedence over state laws. This means that treaties and federal acts are mandatory for enforcement across the territory of all states.
The basis of federal regulation is codified norms (U.S. Code) as well as judicial precedents. Title 18, U.S. Code, §§ 3181–3196 defines the procedure for extradition to/from the United States in the presence of a valid treaty with a foreign state. It establishes the authority of the U.S. Department of Justice and federal courts on matters of extradition. It contains provisions on the temporary detention of a person at the request of the state initiating extradition.
The Extradition Treaties Interpretation Act and other laws clarify the rules for the implementation of extradition treaties. They regulate the process of arrest, preliminary hearings, as well as the transfer of a person to the jurisdiction of a foreign state.
Although federal legislation takes precedence, in some cases the laws of individual states may also be taken into account, especially when it comes to interstate extradition. However, a state cannot prohibit the enforcement of a federal treaty but can influence the procedure, for example, in terms of detention, as the penitentiary system is managed at the state level.
The United States has concluded bilateral extradition treaties with most countries in the world. The number of such agreements today exceeds 100: Canada, the United Kingdom, Mexico, Australia, New Zealand, Brazil, Argentina, Germany, France, Italy, and other European countries.
Countries without extradition to the U.S.
Non-Extradition Countries are states that do not have formal extradition agreements with the United States. The absence of a bilateral extradition treaty or participation in a multilateral convention significantly complicates and slows down the process of surrendering a wanted person.
The US Department of State establishes cooperation in the field of criminal justice through treaties that regulate the procedures for extradition, conditions, and guarantees. If there is no agreement between the US and a specific country, then there is no formalised legal basis for extradition. However, despite the “non-extradition” status, extradition may occur through diplomatic negotiations or other channels, depending on the interest of both parties and the political climate.
In the absence of a formal agreement, US authorities cannot directly refer to clearly defined norms. Any extradition request will be considered through fragmented international legal instruments or bilateral consultations, which significantly reduces the chances of success.
Let us consider some countries that do not have an extradition treaty with the United States:
- China. The PRC adopts a cautious policy regarding the conclusion of extradition agreements, based primarily on its own interests and the principle of non-interference;
- Russia. Russian law includes the principle according to which the country may not extradite its own citizens to foreign states. Extradition between jurisdictions is often blocked at the political level. The USA can officially request extradition through Interpol or send diplomatic notes, but successful cases are extremely rare;
- Iran. The legislation of Iran is based on the norms of Sharia, therefore the state enters into international agreements very selectively. The practice of “prisoner exchange” in rare cases can partially replace the formal extradition procedure, but this is not equivalent to a legal agreement;
- North Korea. The DPRK is known for its closed political regime and extremely limited participation in international agreements. Official diplomatic contacts are reduced to a minimum, consequently, the system of mutual extradition of criminals practically does not function;
- Cuba. Historically tense relations with the USA are also reflected in the absence of an extradition treaty. The parties can negotiate on specific individuals, but a general mechanism for transfer in criminal cases is not officially established;
- Vietnam. In recent decades, Vietnam has been actively entering into bilateral agreements on mutual legal assistance; however, a full extradition treaty with the USA has not yet been established.
However, the absence of an agreement does not mean a complete impossibility of extradition but turns the process into a politically and legally complex procedure. Sometimes a person may be deported under another pretext rather than officially extradited. The USA can declare a person internationally wanted, and if they leave the jurisdiction and enter a third country with which the USA has an agreement, detention and extradition may follow there. One-off ad-hoc agreements or prisoner exchanges are used on the condition of mutual interest.
Why is our firm the right choice?
Extradition to the USA is a complex legal procedure, full of legal, diplomatic, and administrative intricacies. Any incorrect action can lead to a loss of valuable time, and in the worst case, an unfavourable outcome of the case. Our legal company has extensive experience in assisting clients facing extradition to the USA and is ready to offer comprehensive solutions at all stages of the process.
Extradition is regulated by both national and international norms. Often, clients do not realise the full complexity of the process and are unaware of the nuances, which leads to mistakes in defence strategy.
When preparing for proceedings, it is important to gather all necessary materials: from copies of court rulings to witness statements. An incomplete or untimely prepared set of documents may lead to delays and complications in the case. If there are legal discrepancies between countries, the defence requires special attention and the search for legal arguments to refuse or postpone extradition.
Our solicitors have been dealing with extradition issues, international searches, and criminal prosecution for years. We know all the intricacies of the procedures and are ready to apply them in practice in the client’s interests.
Behind us are numerous successful cases, including complex matters related to extradition to the USA. The coordinated work of the team helps to minimise risks and find the most favourable solutions. Our firm collaborates with American lawyers, criminal law experts, translators, and specialists in international law. This significantly simplifies the process of gathering documents, coordinating positions, and building a defence strategy.
Contact us today to receive an initial consultation, an objective assessment of prospects, and a detailed action plan developed taking into account all the nuances of the case. By choosing our firm, you entrust your defence to a team of professionals who will do everything possible to protect your rights and find an effective solution even in the most challenging situations.
What crimes are Extraditable to the United States?
The USA has concluded bilateral agreements with many countries around the world. Each agreement contains a list and criteria of crimes for which extradition is possible. The list of crimes may be presented either as a closed list or in the form of double criminality, where the act is considered a criminal offence in both jurisdictions.
At the federal level, extradition is regulated by the provisions of Title 18 of the U.S. Code and precedent court decisions. While these norms define the general requirements for the procedure, specific lists of crimes still originate from international agreements.
Since specific lists may vary from one agreement to another, we will provide the most common categories:
- Serious violent crimes: murder, grievous bodily harm, rape, kidnapping;
- Crimes against property: robbery and armed robbery, large-scale thefts, including theft on an especially large scale, embezzlement of valuable objects or cultural assets;
- Economic crimes: fraud in the field of finance, banking activities, insurance, securities, money laundering, tax evasion, corruption schemes, bribery of officials;
- Drug trafficking: smuggling of drugs, their production and distribution, involvement in organised criminal groups engaged in the drug trade;
- Cybercrimes: hacker attacks, hacking of computer systems, including for theft or extortion, internet fraud, large-scale online scam schemes;
- Human trafficking: in a number of US treaties, it is stipulated that human trafficking, sexual exploitation, and related types of crimes may serve as grounds for extradition.
It is important to note that a conviction is not required for extradition — it is sufficient for the person to be an accused or a suspect in the relevant criminal cases (depending on the terms of the agreement).
Practically all extradition treaties include a prohibition on the extradition of individuals prosecuted for political reasons. If the crime is purely political in nature (opposition to the regime, participation in peaceful political actions), the state may refuse extradition.
Many countries do not allow extradition to the USA if the alleged crime is punishable by the death penalty, unless the state provides official guarantees that such punishment will not be applied. Certain states do not extradite their own citizens (this is explicitly stated in the Constitution or national laws). However, there are exceptions when the country of residence agrees to prosecute its citizen independently under similar charges.
The process of extradition from the USA
The procedure begins when the government of the country where the investigation is being conducted or a verdict has already been passed against a person sends an official request to the USA. In most cases, such a request is sent through diplomatic channels (embassy, consular institutions) or directly to the US Department of State.
The request must include information about the individual, copies of court rulings and verdicts, a description of the criminal case, and evidence. The requesting state must specify the grounds on which extradition is required.
Upon receiving a request, the State Department verifies its compliance with diplomatic and legal requirements, as well as evaluates it from the perspective of foreign policy. In the case of a positive decision, the documents are forwarded to the Department of Justice. It is precisely the DOJ that is authorised to decide on the admissibility of extradition from the standpoint of US criminal procedural law.
Then the request is sent to the office of the federal prosecutor (U.S. Attorney) in the district where the wanted person is located or is presumed to be located. Prosecutors ensure the submission of the appropriate documents to the federal court for issuing an arrest warrant. If the evidence is deemed reasonable and consistent with the bilateral treaty (or legal norms), the judge signs the warrant.
U.S. Marshals Service and other law enforcement agencies carry out the search and apprehension of the individual. After the arrest, the suspect/defendant is brought to court, where they are informed of the grounds and further procedures. The defence side may challenge the admissibility of evidence, point out procedural inconsistencies, violations of human rights, etc.
The judge does not determine the guilt or innocence of the wanted person. Their task is to establish whether there are sufficient arguments to proceed with extradition. The case is forwarded to the US Department of State for a final decision. If the Secretary of State approves the extradition, an order is issued for the transfer of the individual to representatives of the requesting country. The transfer of the fugitive takes place at an airport or another agreed location.
The wanted person may attempt to appeal the decision on “sufficiency of evidence” in higher instances (Circuit Court of Appeals). In some cases, the parties may turn to the Supreme Court. However, it is highly selective in reviewing extradition petitions and only considers those that involve significant constitutional issues or serious contradictions in judicial practice.
The process of extradition to the United States
American agencies, together with the office of the federal prosecutor and investigative bodies, are preparing the necessary evidence base, criminal case materials, as well as formal requests that comply with the terms of the extradition treaty.
The documents are sent to the US Department of Justice, where they are reviewed for compliance with internal standards and the provisions of the extradition treaty. During the process, the DOJ evaluates whether there is sufficient evidence (indications of a crime) to meet the “probable cause” criterion and whether the alleged act falls under the category of crimes that allow for requesting extradition.
The State Department serves as a link in communication with the governments of other countries: it is the one that sends an official extradition request through diplomatic channels. The request clearly outlines the legal grounds, specifies the charges, and lists the necessary guarantees.
A foreign state verifies whether the request is valid and complies with local laws and the conditions of the extradition treaty. Simultaneously, local law enforcement authorities may detain the wanted person (provided there is a court order or other necessary authorisation for this).
At the subsequent court hearing, the compliance of the request with national legislation is examined. The court does not determine the guilt or innocence of the person (this is done by the American side), but only decides whether it is lawful to extradite them to the USA.
If the request is satisfied, the procedure for transfer is prepared. If not, the case may end with the release of the person or a repeated appeal by the USA if additional materials are available. The transfer is carried out on the territory of the requested country (airport, border checkpoint): representatives of US law enforcement take the detainee into custody and escort them to the States.
Schedule a consultation with extradition lawyers
Our specialists will thoroughly examine the case materials, verify the grounds for extradition, the validity of arrest warrants, and possible procedural violations. We will determine under which article the person is being sought, the prospects for defence, and what evidence may be used against them.
After a detailed analysis, we develop a defence strategy, taking into account the client’s legal status, the specifics of local laws, and the factual circumstances of the case. We represent the client’s interests in courts and government bodies: from preparing written objections to oral presentations at extradition hearings.
In a number of cases, it is possible to resolve the issue through negotiations, especially if the USA is willing to consider alternative options. We are skilled at establishing constructive communication with prosecutors and diplomatic representatives to find compromise solutions.
We inform clients in detail about every step, timelines, and prospects. Any decisions are made only with the full agreement of the client. It is important to us that you understand the essence of the processes and feel supported at all stages. We guarantee complete confidentiality regarding the information you entrust to us.
Contact us right now to receive an initial consultation and a clear action plan. Our specialists will form a strong defence position against unlawful requests and become your reliable partners in the most complex legal situations.
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