Extradition in Mexico

Legal Basis for Extradition in Mexico

Mexico extradition laws are governed by several key sources of legal information and regulatory legal acts. Extradition in Mexico is carried out under the principle of dual criminality, meaning that the act must be considered a crime both in the country where it was committed and in the country requesting extradition. The Mexican legal system also takes into account human rights guarantees and may reject an extradition request if it threatens the rights of the person being extradited.

Active and Passive Extradition

Active extradition occurs when Mexico requests the extradition of an individual from another country. Passive extradition takes place when Mexico receives an extradition request from another country. Both types of extradition are subject to different legal procedures and requirements.

The primary piece of legislation governing Mexico extradition law is the Federal Law on International Extradition (Ley de Extradición Internacional). This law sets out the procedures and conditions under which extradition can be carried out and establishes the rights and responsibilities of the parties involved.

Mexico is a party to numerous international agreements concerning extradition. Among the most significant are the Convention on Mutual Legal Assistance in Criminal Matters, signed under the auspices of the UN, as well as agreements with various countries, such as the USA and the UK. These treaties help standardise the extradition process and ensure the protection of human rights.

The Extradition Process in Mexico

The extradition process in Mexico begins with an official request from a foreign state, which must be sent to the Mexican Ministry of Justice. The request undergoes several stages of verification, including:

• Legal verification: confirmation that the act for which extradition is sought constitutes a crime in both Mexico and the requesting country.
• Procedural review: an assessment of compliance with all necessary formalities and requirements, including documentation and evidence.

After the request is reviewed, it is passed to the court, which decides whether to grant the extradition request. If the decision is affirmative, it can be appealed in the higher judicial authorities.

Extradition and Interpol's Red Notice

An Interpol Red Notice is a request for the arrest of an individual wanted for prosecution or to serve a sentence. It's not mandatory to comply with, but serves as a crucial tool for coordinating international cooperation. Should Mexico receive a Red Notice, the relevant authorities are required to verify its validity and ensure it complies with domestic laws before making a decision on extradition.

Countries With no Extradition Treaty With Mexico

Some countries do not have extradition treaties with Mexico, which complicates the process of transferring individuals for prosecution. The list of countries without an agreement with Mexico includes:

1. Afghanistan - there is no extradition treaty.
2. Algeria - does not extradite its citizens and has limited conditions for extradition.
3. North Korea - there are no extradition agreements with the majority of countries.
4. Somalia - does not have an extradition system due to the lack of a stable government.
5. Syria - does not have extradition treaties due to political reasons.
6. Eritrea - does not extradite its citizens and does not support extradition.
7. Cuba - has an extradition treaty, but often refuses to extradite on political grounds.
8. Venezuela - formally enters into treaties but may refuse extradition due to political disagreements.
9. Iran - lacks an extradition treaty, which is due to political disagreements.
10. China - has selective agreements and often refuses on humanitarian grounds.
11. Russia - has agreements in place, but does not extradite its citizens.
12. Switzerland - limits extradition in cases involving political issues or matters related to human rights.

Grounds for Contesting Extradition in Mexico

Is Mexico a non-extradition country? Certainly, based on its own domestic laws and extradition treaties, Mexico can refuse extradition on the following grounds:

• Political persecution: an individual may be protected from extradition if there is a likelihood that they will be persecuted for political reasons.
• Risk of torture or inhumane treatment: Extradition may be refused if there is evidence that the individual may be subjected to torture or other forms of cruel treatment.
• The lack of foundation for the accusations: if the charges against an individual appear to be unfounded or trivial, this can serve as a basis for refusing extradition.

How an Extradition Lawyer Can Help

An extradition lawyer in Mexico can provide significant legal assistance in complex international cases involving the extradition of accused individuals. Given the specifics of Mexican legislation and various international treaties, the services of international lawyers are crucial for the protection of human rights, as well as for ensuring a fair review of extradition requests.

An extradition solicitor can assist in the following ways:

1. Assessment of the legality of the extradition request: a lawyer analyses the request and checks whether it complies with international and Mexican legal standards.
2. Client rights protection: safeguards the rights of the individual whose extradition is requested, ensuring proper procedural guarantees.
3. Contesting extradition: in instances of political motivation, the risk of human rights violations, or other factors, a solicitor can submit objections and appeals.
4. Consultation on international agreements: a solicitor will explain how international treaties relating to extradition operate.
5. Representation in court: involves representing a client's interests before Mexican courts and government bodies, which is particularly important for individuals who may be subject to political persecution.