What is extradition and how does extradition work? (2025)
What happens when a person accused of a serious crime flees to another country to escape justice? The mechanism that prevents sovereign borders from becoming a shield for fugitives is extradition. As global mobility and transnational crime, from cybercrime to terrorism, continue to rise, understanding this complex legal process is more critical than ever.
Extradition is the formal system of international cooperation through which one sovereign state surrenders an individual to another for prosecution or to serve a sentence. It is a delicate balance between enforcing criminal law and protecting fundamental human rights. This guide provides a comprehensive overview of how extradition works in 2025, covering its core principles, the step-by-step process, crucial legal safeguards, and the modern challenges shaping its future.
Understanding Extradition: What is Extradition?
Extradition is a formal legal process by which one state (the requested state) transfers a person to another state (the requesting state) for criminal prosecution or to impose a pre-determined sentence. The legal foundation for extradition is typically established by bilateral or multilateral treaties.
Key international instruments that define and govern this process include the European Convention on Extradition (1957) and the United Nations Model Treaty on Extradition (1990). In the United States, domestic procedures are further outlined in statutes like the Uniform Criminal Extradition Act. The primary goal of extradition is to ensure the inevitability of punishment for serious crimes, reinforcing the global rule of law and preventing offenders from finding safe havens.
The basic principles of extradition procedures include:
- Dual Criminality: This is the cornerstone of most extradition treaties. The alleged act must be a criminal offense in both the requesting and the requested state. For instance, a country where blasphemy is not a crime will not extradite a person to a country where it is. This principle prevents the enforcement of foreign laws that conflict with the requested state’s legal and social values.
- Specialty (or Speciality): An extradited person can only be prosecuted or punished for the specific offenses for which extradition was granted. The requesting state cannot add new charges after the person has been surrendered unless they are lesser-included offenses or the requested state consents. This protects the individual from politically motivated or fabricated charges.
- Non-extradition of Nationals: Some countries, citing constitutional bars or national policy, refuse to extradite their own citizens. This is a significant point of contention in international law. Instead of extradition, these states often reserve the right to prosecute the individual domestically for the crime committed abroad, based on evidence provided by the requesting country.
- Principle of Non-Refoulement: This fundamental principle of international human rights law forbids the transfer of a person to a jurisdiction where they would be at real risk of torture, cruel, inhuman, or degrading treatment or punishment. This is enshrined in instruments like the UN Convention Against Torture.
What are extradition treaties?
Extradition treaties are international agreements that establish rules and procedures for the transfer of persons between Member States. An extradition treaty defines the conditions under which States undertake to extradite to each other persons accused or convicted of certain crimes.
Types of extradition treaties
- Bilateral treaties: agreements between two States that take into account the specificities of their legal systems. For example, the Treaty between the Russian Federation and the People’s Republic of China on Extradition of 6 October 2006;
- Multilateral treaties: bring together many countries and establish common standards. These include:
- “European Convention on Extradition” of 13 December 1957;
- “United Nations Convention against Transnational Organized Crime” of 15 November 2000.
Functions of extradition treaties
- Definition of crimes: a list of acts for which extradition is possible is established. As a rule, these are crimes punishable by imprisonment for a certain period;
- Procedures for submitting a request: describes the requirements for the form and content of an extradition request, including the necessary documents and evidence;
- Legal guarantees: The rights of the extradited person, including the right to a fair trial and humane treatment, are protected by international standards, such as the International Covenant on Civil and Political Rights of 16 December 1966.
Treaties provide grounds for refusing extradition. For example, the political nature of the crime under Article 3 of the European Convention on Extradition or the risk of the death penalty.
What is the extradition process?
The formal extradition process is meticulous and can be lengthy, involving diplomatic, judicial, and executive branches of government. While specifics vary by treaty and national law, the general stages are as follows.
- Submission of an extradition request. The prosecuting country sends a formal request for extradition from a foreign government through diplomatic channels or directly to the competent authorities. Under Article 12 of the “European Convention on Extradition”, the request must contain: information about the identity and nationality of the alleged criminal; a statement of the facts of the case and the legal qualification of the act; a copy of the arrest warrant or sentence; texts of applicable legal regulations;
- The law enforcement authorities of the requested country shall verify that the request complies with the formal requirements and whether there are grounds for extradition. Under Article 13 of the Convention, additional information may be requested if necessary;
- Arrest of a person. Based on the extradition request received, a person may be arrested under national law. Article 16 of the Convention provides for the possibility of provisional arrest pending receipt of a formal request for extradition;
- Judicial review. The judicial authority of the requested State shall examine the lawfulness and validity of extradition. The following shall be verified: compliance with the principle of double criminality; absence of grounds for refusal of extradition; observance of the rights of the extradited person;
- A person has the right to legal assistance and can challenge extradition;
- Decision-making. After the review, the competent judicial authority (e.g. the Ministry of Justice) makes the final decision on extradition or refusal, guided by national legislation and international obligations.
Grounds for Refusal of Extradition
Even if a request meets all formal requirements, extradition can be denied. These grounds for refusal are critical safeguards.
- Political Offence Exception: Extradition is almost universally refused if the offense is of a political nature (e.g., treason, sedition) or if the request is believed to be a pretext for punishing a person for their political opinions, race, or religion.
- Risk of the Death Penalty: Many countries will refuse extradition to a state where the person could face capital punishment, unless diplomatic assurances are provided that the death penalty will not be sought or carried out.
- Human Rights Violations: As mentioned under the non-refoulement principle, extradition will be denied if there is a substantial risk the person will be subjected to torture, or face a flagrantly unfair trial. The European Court of Human Rights has established significant jurisprudence in this area.
- Ne bis in idem (Double Jeopardy): A person cannot be extradited if they have already been tried and acquitted or convicted for the same offense in the requested state.
- Lapse of Time: Extradition may be refused if the statute of limitations for the crime has expired under the laws of either the requesting or the requested state.
How long do extradition proceedings take?
The extradition duration can take anywhere from several months to several years, depending on the complexity of the case and the applicable legal procedures. The terms are affected by:
- The possibility of an appeal can significantly delay the process;
- The complexity and scale of the case, including the multiplicity of charges, are also significant;
- Diplomatic relations and the degree of cooperation between states also have an impact. For example, according to the practice of the European Court of Human Rights, prolonged detention without sufficient grounds may violate Article 5 of the Convention for the Protection of Human;
- Rights and Fundamental Freedoms, which guarantees the right to liberty and security of person.
Up-to-date information on international extradition
In recent years, there has been a trend towards increased international cooperation in the field of extradition. For example, in 2020, the Second Additional Protocol to the European Convention on Extradition was adopted, which expands the possibilities of electronic exchange of information and speeds up the extradition process between two countries. In addition, countries are actively concluding new extradition treaties, taking into account modern challenges such as cybercrime and terrorism.
It should also be borne in mind that some States are reviewing their policies regarding the extradition of their own nationals. For example, in 2021, changes were made to the legislation of some countries to allow the extradition of citizens for serious crimes, which strengthens international justice.
Looking for legal advice on extradition?
Extradition is a complex process that requires a high level of knowledge of international affairs and national legislation. If you are faced with questions about extradition cases, it is important to get qualified legal assistance. Our experienced lawyers specialize in extradition matters and are ready to help you understand the complexities of the extradition agreement, protect your rights and interests.
Contact us to get professional support and an effective solution to your extradition case. We will help you understand the meaning of the extradition request in your specific case and develop a strategy to achieve the best result.
FAQ
What is extradition?
Extradition is the process of transferring a person accused or convicted of a criminal offense from one country to another for prosecution or the execution of a sentence. It is carried out based on international treaties or the principle of reciprocity and is governed by both national and international law. Extradition aims to ensure justice and combat crime while respecting human rights and excluding politically motivated prosecutions.
How does the extradition process work?
The extradition process begins with an official request from the foreign country seeking the surrender of the accused to stand trial. This request must include information about the crime, evidence of guilt, and legal justification. The receiving country then reviews the request to ensure it complies with national laws and international agreements.
If the conditions are met, the case proceeds to court, where the legality of the extradition and the rights of the accused are assessed. The court may approve or deny the request, but the final decision is often made by the executive authority. Throughout the process, the person sought has the right to legal representation and the ability to appeal at every stage.
What is an extradition treaty?
An extradition treaty is an international agreement between states that governs the procedure for surrendering individuals accused or convicted of crimes. The treaty specifies the conditions under which extradition is permissible, the list of extraditable offenses, and grounds for refusal, such as the political nature of the charges or the risk of human rights violations. These treaties facilitate cooperation in combating crime while ensuring adherence to legal standards throughout the extradition process.
What is the role of INTERPOL in extradition?
INTERPOL does not issue arrest warrants or conduct extraditions itself. Its primary role is to facilitate police cooperation. The most relevant tool is the INTERPOL Red Notice, a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. A Red Notice is not an international arrest warrant, but it often serves as the basis for a provisional arrest in the requested state.
Can a country extradite someone without a treaty?
Yes, but it is rare. In the absence of a treaty, a country may agree to an extradition on the basis of reciprocity or through domestic legislation that allows for it. However, the process is often more complex and uncertain without the clear framework a treaty provides.
Can you be extradited for tax evasion or other financial crimes
Yes. Historically, many treaties excluded “fiscal offenses.” However, modern treaties, especially in the wake of increased efforts to combat global financial crime and money laundering, almost always include tax evasion and other financial crimes as extraditable offenses, provided they meet the dual criminality and minimum sentence requirements.
