Difference between revisions of "Extradition"

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==Principles of Extradition Law==
 
==Principles of Extradition Law==
  
Because of the myriad treaties governing extradition and the individual circumstances underlying any given extradition request, each case must be considered individually as it arises.  However, there are some basic principles common to most extradition laws:  
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Because of the myriad treaties governing extradition and the individual circumstances underlying any given extradition request, each case must be considered individually as it arises.  However, there are some basic principles common to most extradition laws:<ref>See generally INTERPOL's Extradition Fact Sheet, available at http://www.interpol.int/public/ICPO/LegalMaterials/FactSheets/FS11.asp</ref>
  
  
 
*'''Dual Criminality''' - Generally, an offense is only extraditable if it is punishable in the requesting state and would have been punished in the requested state if committed there.  By extension, extradition may be refused if the time limit for prosecution n the requested state has expired, as the offense would no longer be punishable.   
 
*'''Dual Criminality''' - Generally, an offense is only extraditable if it is punishable in the requesting state and would have been punished in the requested state if committed there.  By extension, extradition may be refused if the time limit for prosecution n the requested state has expired, as the offense would no longer be punishable.   
*'''Potential Punishment''' - Some countries will refuse extradition on the grounds that the individual to be extradited may receive capital punishment, such as the death penalty, or face torture if returned to the requesting state. A few countries will further refuse to extradite an individual that faces any punishment they themselves would not administer.  In Soering v. United Kingdom, for instance, the European Court of Human Rights held that it would violate Article 3 of the European Convention of Human Rights to extradite a German national to the United States from the United Kingdom in a capital case because of the harsh conditions and uncertain timescale of death row inmates.
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*'''Potential Punishment''' - Some countries will refuse extradition on the grounds that the individual to be extradited may receive capital punishment, such as the death penalty, or face torture if returned to the requesting state. A few countries will further refuse to extradite an individual that faces any punishment they themselves would not administer.  In Soering v. United Kingdom, for instance, the European Court of Human Rights held that it would violate Article 3 of the European Convention of Human Rights to extradite a German national to the United States from the United Kingdom in a capital case because of the harsh conditions and uncertain timescale of death row inmates.<ref>11 Eur. Ct. H.R. 439 (1989), available at http://eji.org/eji/files/Soering%20v.%20United%20Kingdom.pdf</ref>
 
*'''Political Offenses''' - It is generally accepted international law that political offenses may not give rise to extradition requests.  However, since no precise definition of political offenses exists in international law, it falls to the requested country to determine whether a given offense is political in nature.   
 
*'''Political Offenses''' - It is generally accepted international law that political offenses may not give rise to extradition requests.  However, since no precise definition of political offenses exists in international law, it falls to the requested country to determine whether a given offense is political in nature.   
  

Revision as of 09:53, 13 September 2010