Extradition

What is Extradition?

Extradition is a legal process during which one country hands over an individual suspected or convicted of committing a crime to another country to face prosecution or to serve a sentence. This process is governed by international treaties, bilateral agreements, and the national laws of the countries involved in the extradition. Extradition can be initiated at the request of the country where the crime was committed, or based on an international arrest warrant issued by an international organisation, such as Interpol.

Extradition Process

The extradition process begins with the submission of an extradition request. This request includes information about the identity of the person sought, a description of the crime for which the individual is wanted, and the legal basis for extradition. Upon receiving the request, the state to which it has been directed evaluates it to ensure it complies with international and national legal standards.

The key stages of the extradition process include:

1. Extradition request: an official appeal from the state seeking extradition to another state.
2. Legal review: the verification of a request's compliance with the national legislation of the country to which it was sent, as well as with international treaties.
3. Decision on issuance: after all necessary procedures have been carried out, a decision is made on whether to grant or deny extradition.

Grounds for Refusal of Extradition

Despite the existence of extradition treaties, this is not an automatic process. There are various grounds on which a country may refuse to extradite an individual sought by another state.

1. Human rights: If there's a risk that the individual to be extradited could face torture, inhumane or degrading treatment, or if they won't receive a fair trial, the state may refuse extradition.
2. Location: If the crime for which an individual is sought was committed within the territory of the state to which the request is directed, that state may refuse extradition on the grounds that it can prosecute the individual within its own territory.
3. Double jeopardy: The state may refuse extradition if the individual has already been convicted or acquitted for the same crime in the country to which the request is directed.
4. Time: The principle of the statute of limitations on criminal liability can also serve as a basis for refusing extradition.
5. Hidden motive: If the state that has received an extradition request believes that the request is politically motivated, it has the right to refuse extradition.

If you encounter issues related to Interpol notices and extradition, we recommend consulting our international lawyers . Our team possesses a high level of knowledge in international law and has many years of experience in resolving issues related to protection against extradition.

What's the Difference Between INTERPOL Red Notice and Extradition?

The difference between a red notice Interpol and extradition lies in their nature and implications. Interpol red notice is essentially an international alert issued to inform INTERPOL’s member countries about individuals sought for prosecution or to serve a sentence based on an arrest warrant or court decision issued by judicial authorities in a particular country. It's not an arrest warrant but a request to locate and provisionally arrest an individual pending extradition. Extradition, on the other hand, is a formal process whereby one country asks another to surrender a suspected or convicted criminal. It involves legal and diplomatic actions based on treaties or agreements between countries and is aimed at ensuring that criminals can be brought to justice, regardless of where they are found. Unlike a red notice, extradition requires a legal process within the requested country to determine whether the individual should be handed over to the requesting country based on the provided evidence and applicable laws.

If you have received a red notice from Interpol, we recommend that you consult our extradition defence solicitors. Our team, with many years of experience dealing with Interpol cases, will provide you with expert legal support, helping you to avoid significant financial expenses and reputational damage.

Challenges and Controversies in Extradition

The extradition process is fraught with a number of problems and contradictions that can arise at various stages of its implementation.

• International diplomacy: Extradition can become a cause of diplomatic friction between states, especially in instances where it is perceived as interference in the internal affairs of another state or as a violation of its sovereignty.
• Extradition and human rights: States are obligated to consider international standards on human rights when making decisions about extraditing an individual.
• Political manipulation: Extradition can be used as a tool of political strife when the request for someone's extradition is motivated by political reasons rather than a desire to ensure justice.

What is a Waiver of Extradition?

A waiver of extradition is a decision by a country not to surrender an individual sought by another country for various reasons such as non-compliance with international legal standards, human rights violations, or political nature of the request. The refusal to extradite can also be justified if the individual is a citizen of the country to which the request is made.

No-Extradition Countries

Countries that refuse extradition base their decisions on various legal, political, and humanitarian principles. The list of states that do not allow extradition includes:

1. Russia
2. China
3. France
4. Venezuela
5. Iceland
6. Brazil
7. Switzerland

The primary reasons for refusal include the protection of citizenship, the threat of the death penalty, political persecution, and human rights violations.

How Can an Extradition Lawyer Help?

An extradition lawyer must possess a high level of knowledge in both national legislation and international agreements governing extradition matters. Depending on the circumstances of the case, their work may include:

1. Consultation and analysis of the legal grounds for extradition.
2. Contesting an extradition request based on violations of international law or human rights.
3. Protection against extradition on political grounds.
4. Gathering evidence to prove the unfounded nature or illegality of an extradition request.
5. Ensuring human rights compliance throughout the extradition process.
6. Working with international bodies such as the European Court of Human Rights.