HomeWhat is extradition?
Extradition is the main task in the system of international cooperation in criminal matters. In our modern age, crime is becoming more and more transnational. In this regard, it is necessary to understand what extradition is and how the process of extradition of offenders between states functions. Let us consider the definition of extradition, the types of extradition treaties, the stages of the process and the legal guarantees provided by international and national laws.
Definition of extradition
Extradition is a formal legal process through which one state transfers a person to another state for criminal prosecution or execution of a sentence. The definition of extradition is enshrined in international legal instruments – the European Convention on Extradition of 13 December 1957 and the United Nations Model Convention on International Cooperation in Respect of Extradition of 1990.
The significance of extradition lies in ensuring the inevitability of punishment for crimes, regardless of the place of their commission. Thus, contributing to the strengthening of the international legal order and preventing offenders from evading responsibility by crossing borders.
The basic principles of extradition include:
- Double criminality: according to article 2 of the European Convention on Extradition Act, the act for which extradition is requested must be considered an offence both by the requester and by the requested State;
- Principle of specialization: article 14 of the Convention stipulates that an extradited person may be prosecuted only for the offences for which extradition was granted;
- Refusal to extradite nationals: Some States, in accordance with their constitutions and article 6 of the Convention, refuse to extradite their nationals and prefer to prosecute themselves.
What are extradition treaties?
Extradition treaties are international agreements that establish rules and procedures for the transfer of persons between 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 several states 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 in accordance with 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 extradition process is governed by international treaties and the national legislation of the requested State. The general scheme includes several stages:
- Submission of a request for extradition. The requesting state sends a formal request for extradition through diplomatic channels or directly to the competent authorities. In accordance with Article 12 of the “European Convention on Extradition”, the request must contain: information about the identity and nationality of the wanted person; 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 competent authorities of the requested State shall verify that the request complies with the formal requirements and whether there are grounds for extradition. In accordance with Article 13 of the Convention, additional information may be requested if necessary;
- Arrest of a person. On the basis of a request received, a person may be arrested in accordance with 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 court 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 judicial review, the competent authority (e.g. the Ministry of Justice) makes the final decision on extradition or refusal, guided by national legislation and international obligations.
Legal guarantees
In the process of extradition, the rights of the extradited person are protected in accordance with international standards:
- The right to liberty and security of person under article 9 of the International Covenant on Civil and Political Rights of 16 December 1966;
- The right to a fair trial under article 14 of the Covenant;
- Prohibition of torture and inhuman treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.
How long does this process take?
The duration of the extradition process can take from several months to several years, depending on the complexity of the case and the applicable legal procedures. The terms are affected by the possibilities of appeal and appeal, which 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. 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 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 cases 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 problem. We will help you understand the meaning of the issuance in your specific case and develop a strategy to achieve the best result
