EXTRADITION

What is extradition
Ex = outing and traditio = handing over

One country asks another country to return
someone who has been accused of a crime.


Not to be confused with deportation, which is
administered by the immigration department.



Extradition is the procedure followed in returning an
accused from one state or foreign country to the state
where the crime was committed for the
purpose of prosecution.
o Through the extradition process, a sovereign (the requesting state)
typically makes a formal request to another sovereign (the
requested state). If the fugitive is found within the territory of the
requested state, then the requested state may arrest the fugitive
and subject him or her to its extradition process.
o The extradition procedures to which the fugitive will be subjected
are dependent on the law and practice of the requested state.
The consensus in international law is that a state
does not have any obligation to surrender an alleged
criminal to a foreign state, because one principle of
sovereignty is that every state has legal authority
over the people within its borders. Such absence of
international obligation, and the desire for the right
to demand such criminals from other countries, have
caused a web of extradition treaties or agreements
to evolve.
J. G. Starke: The term extradition denotes
the process whereby one state surrenders to
another state at its request a person accused
or convicted of a criminal offence committed
against the laws of the requesting state, such
requesting state being confined to try the
alleged offender.
Formal process where one country asks another
country to return someone who is accused of a
crime or been convicted of a crime from the
requesting country.
Individual Commits crime in Country A flees to
Country B, Country B extradition order back to
Country A.
3 stage process
1. Accused arrested under the Extradition Act after
a diplomatic note sent from the requesting
country.
2. Following the arrest, fugitive appears before a
judge who determines is there a prove of a
particular proposition or fact prima facia case.
Is there enough evidence that would commit the
accused to trial if the offense had taken place in
Canada? If not fugitive is let go.
3 stage process
If yes, the fugitive/accused is lead to prison.
3. Once in prison the fugitive accused can appeal.
If all appeals fail.
Minister of Justice is the only person who can hand
over or surrender the accused to another
country.
What must exist
An extradition treaty between the two countries

There is no international law which can bind a state
to extradite a person to another state. But if it
extradite the other country will receive. If there is no
extradition treaty the country is not bound to
extradite a person.
But if any country wants to extradite a person no
law can refrain it.





Extradition conditions
Most extradition treaties must meet the following conditions:

1. DOUBLE CRIMINATLITY RULE
Crime must be a crime in both nations
2. RECIPROCITY
If country A extradites a person to country B, country B will do
the same for country A in the future
3. EVIDENTIARY REQUIREMENTS
Evidence of guilt must be provided
4. SPECIALITY
Accused will only be charged with the crime outlined in the
extradition request

Preconditions for extradition
Fugitives can be extradited for only three reasons:


a) a) Prosecution: conducting of legal proceedings
against someone in respect of a criminal charge
b) b) Impose a sentence
c) c) Enforce a sentence that has already been
imposed





Bars to extradition

Failure to fulfil dual criminality:
generally the act for which extradition is sought must
constitute a crime punishable by some minimum
penalty in both the requesting and the requested
parties.
If the offence is a crime in just one of the countries, no
extradition can take place.
For example, if Country A has no laws against
blasphemy, double criminality could prevent a
suspect being extradited from Country A to face
blasphemy charges in another country.

Political nature of the alleged crime: most
countries refuse to extradite suspects
of political crimes.

Possibility of certain forms of punishment:
some countries refuse extradition on grounds
that the person, if extradited, may receive
capital punishment or face torture.
Jurisdiction over own nationals :
Political Offence Test
Absolute or relative offences

Pure political offences include crimes such as
treason, spying, and sedition.
Political incidence test
The political incidence test looks to whether
the offence is "part of and incidental to a
political struggle". Initially, it did not concern
itself with the motives of the offender.