Extradition Procedures Research Articles

Research on International Police Cooperation from the Perspective of Game Theory — Take Extradition Cooperation as an Example

The article analyzes extradition cooperation in international police cooperation from the perspective of game theory, and discusses the supervision mechanism, responsibility mechanism and interest mechanism of extradition cooperation based on “collaborative game”, “coordination game” and “guarantee game”. It proposed optimization paths such as accelerating the signing of treaties, expanding the scope of application, simplifying extradition procedures, using alternative measures, and relying on international organizations, in order to help my country improve its extradition mechanism and strengthen the effectiveness of overseas pursuit of fugitives.

Экстрадиционное правовое регулирование в России: взаимосвязь международных и национальных положений

This article analyses the theoretical provisions of international acts and domestic legislation regulating extradition and explores the interplay between international and national legal frameworks for extradition, focusing on a mechanism for safeguarding national interests within international treaties on extradition. The study follows the general research principle of objectivity, using, in particular, the formal legal method, abstraction, generalisation and general logical methods. The investigation of mechanisms for defending national interests when applying extradition norms made it possible to identify specific regulation problems. Factors hindering more effective implementation of the said provisions include their complexity, multi-level nature, insufficient legal regulation, the lack of bilateral treaties and the influence of national political dynamics on the implementation of international obligations. Analysing relevant legal norms and research perspectives leads to several conclusions. Firstly, there exists a fairly effective mechanism for safeguarding the national interests of countries party to multilateral international extradition treaties. Secondly, national legislation and regional or bilateral treaties can establish extradition conditions and procedures different from those outlined in universal international treaties for the sake of national interests. Thirdly, there is a need for improvement in the legal regulation of individual stages of the extradition procedure. These findings may be utilised in further research on extradition as a type of international cooperation in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the key to a firm theoretical grasp of this institution and a common understanding of the legal phenomenon in research and law enforcement practice.

INTERPOL 100 ‘Connecting Police For a Safer World’

Aim: The aim of this paper is to outline the century-long, instructive history of international police cooperation.Methodology: The authors of the paper analyse and organise the pre-WWII Hungarian and contemporary English literature, as well as the data published on the INTERPOL website to mark the anniversary.Findings: The predecessor organisation was set up in 1923 with the idea that police forces in different countries should work together to detect crime and curb cross-border crime through arrest and extradition procedures, identification techniques and criminal records. Many of the objectives and tools of that time are still the basis for joint work today. As security challenges and international organized crime activities and technological responses to them evolved, INTERPOL grew into the effective international organisation that now supports and coordinates the work of law enforcement agencies in 195 countries.Value: This milestone anniversary of INTERPOL provides an opportunity to look back over the last century of international police cooperation. The study takes a fresh look at the subject. It briefly presents the contemporary Hungarian reception of the initial steps in organisational and technical development, INTERPOL’s own assessment of the past 100 years, and the analyses of certain periods published by foreign experts on the subject.

INTERPOL 100 ‘Connecting Police For a Safer World’

Aim: The aim of this paper is to outline the century-long, instructive history of international police cooperation.Methodology: The authors of the paper analyse and organise the pre-WWII Hungarian and contemporary English literature, as well as the data published on the INTERPOL website to mark the anniversary.Findings: The predecessor organisation was set up in 1923 with the idea that police forces in different countries should work together to detect crime and curb cross-border crime through arrest and extradition procedures, identification techniques and criminal records. Many of the objectives and tools of that time are still the basis for joint work today. As security challenges and international organized crime activities and technological responses to them evolved, INTERPOL grew into the effective international organisation that now supports and coordinates the work of law enforcement agencies in 195 countries.Value: This milestone anniversary of INTERPOL provides an opportunity to look back over the last century of international police cooperation. The study takes a fresh look at the subject. It briefly presents the contemporary Hungarian reception of the initial steps in organisational and technical development, INTERPOL’s own assessment of the past 100 years, and the analyses of certain periods published by foreign experts on the subject.

Extradition Procedure between Türkiye and Northern Cyprus

International judicial assistance (letters rogatory) is a set of procedures carried out by a competent judicial authority of one state on behalf of the judicial authority of another state. Extradition is also an important part of international judicial assistance and is defined as the surrender to a foreign state, upon request, of persons, for whom it was alleged that they have committed a crime in one country and fled to another country while being tried or serving a sentence, in order them to be tried or to serve the sentence imposed. With the extradition process, it has been aimed to ensure that people who commit crimes are not rewarded and that criminality is effectively combated. Türkiye also frequently resorts to extradition due to the large number of our citizens living abroad, the travels done easily within the scope of the visa exemption agreements concluded between the countries, and the illegal exits from the country. In particular, the high number of suspects, accused persons, or convicts who move between the two countries by taking advantage of the freedom and ease of travel provided within the framework of historical ties and close political relations between Türkiye and Northern Cyprus (TRNC) increases further the importance of international judicial assistance and extradition. In this declaration herein, due to the aforementioned reasons, the extradition process between Türkiye and Northern Cyprus (TRNC) is examined within the framework of both countries’ domestic law in this regard and of the bilateral agreement on judicial assistance between them. First of all, general information is given about international judicial assistance and extradition, which is an essential part thereof. Subsequently, the extradition process (such as legislation, institutions conducting the extradition process, provisional arrest, surrender phase, and rule of specialty) is discussed within the scope of the domestic law and the bilateral agreement. In addition, information was briefly provided on ‘‘deportation’’ as well, which is considered as an alternative to extradition in practice and among the applied security measures. Finally, the importance of extradition due to the historical ties and close political relations between Türkiye and the Northern Cyprus (TRNC) was emphasized, conducting trials and preventing impunity for whom it has been alleged that they committed crimes and effectively combating criminality were addressed within the framework of the statistics belonging to the last decade.

INTERNATIONALISATION OF THE CRIMINAL PROCEDURE WITHIN EXTRADITION: CASE BELARUS

The subject of the article is the extradition as an element of the international legal paradigm of the modern criminal procedure. In this context, the goal of this research is to identify the fundamental human rights affected by the criminal proceedings within the extradition procedure based on cases related to the Republic of Belarus as well as legal provisions of this state. In this regard, the article explores the concept of the international legal paradigm of the modern criminal procedure. The author analyses the principles, the implementation of which is required to ensure human rights in the framework of the Belarusian criminal procedure in the course of extradition. The article reveals certain fundamental human rights that are affected during the extradition procedure: the personal inviolability, the right to defence and ne bis in idem.

Clash of Titans: Streamlining the Complementary Roles of the DPP and the AG in Kenya’s Extradition Procedure

Extradition encompasses both the administrative bodies and the judicial bodies. The Extradition (Contiguous and Foreign Countries) Act requires that an authority to proceed is issued once the Attorney General receives the extradition request. This is different from what is contained under the 2010 Constitution. Currently, the 2010 Constitution mandates the Director of Public Prosecutions to institute criminal proceedings as opposed to the Repealed Constitution which conferred it on the Attorney General. Hence, courts have interpreted the authority to proceed in extradition to fall within different ambits. For example, in the 2015 case of Samuel Gichuru v Attorney General, the High Court held that this authority fell under the Office of the Director of Public Prosecutions. This was overturned in the 2018 Court of Appeal case, Chrysanthus Okemo v Attorney General, where the authority was to be granted by the Attorney General. However, the Supreme Court in Director of Public Prosecutions v Chrysanthus Okemo (2021) upheld the High Court’s decision. Therefore, this paper sets out to determine and streamline the nature of extradition in Kenya, given that there exist overlapping mandates and lacunae that the law needs to address for a uniform practice of extradition in Kenya.

Ensuring the extradition of a person in the presence of "diplomatic barriers" as a special procedure for criminal proceedings

The article examines the current practical obstacles to the extradition of persons (extradition) in cases of diplomatic or political conflicts. It is stated that there are no effective mechanisms for carrying out the tasks of criminal proceedings and legal regulation of activities in cases when the person who committed the crime and is subject to extradition is in a state that has uncontrolled territories, or when the person who committed the crime is subject to extradition under the extradition procedure, is in a state with which diplomatic relations have been terminated or completely terminated. International acts do not contain any guidelines for the algorithm of actions of states in resolving the issue of extradition of a person under such conditions. The case law of the European Court of Human Rights is analyzed, which provides an idea of the basic principles of activity in the presence of similar problems, the solution of which is a mandatory guideline for states to consider extradition in the presence of any diplomatic obstacles. This includes the existence of positive procedural commitments to conduct an effective investigation of the crime, the obligation to cooperate, including through informal practices. The article concludes that the extradition of a person (extradition) in the presence of the described "diplomatic barriers" is possible only in the case of the creation and development of appropriate international legal procedures, which may be one of the special procedures of criminal proceedings. It would be positive to establish a working group on the international platform to determine the minimum requirements that ensure proper legal procedure, the minimum algorithm and a list of participants (independent third party) who can help in such situations.

El proceso de extradición y su importancia frente a la lucha contra la criminalidad

In this article, the extradition process will be analyzed from its origin in International Criminal Law, as well as the treatment it has had in Peru and what is the procedure that must be followed to achieve extradition. Likewise, the judgment of the Wong Ho Wing case against Peru will be developed, in which the right to a reasonable time and personal freedom are violated in an extradition procedure, due to the delay in the process for its completion and the excessive time that was spent. deprived of his freedom by the authorities of the Peruvian State.

The Council conclusions ‘The European arrest warrant and extradition procedures – current challenges and the way forward’

On 1 December 2020, the Council of the European Union has adopted conclusions on ‘the European arrest warrant and extradition procedures - current challenges and the way forward’. They represent the Council’s response to the ongoing debate on the future of the Framework Decision on the European arrest warrant. While the European arrest warrant is commonly regarded as a success story, several issues have emerged in recent years that weaken mutual trust and pose obstacles to the smooth functioning of surrender procedures. This article sets out the legal and political context that shaped the debate in the Council during the German Presidency. It highlights the main challenges identified in the conclusions as well as the Council’s proposals to master them. In addition, the authors analyse the developments that have taken place since 1 December 2020 and, in particular, the efforts that have been made to implement the measures called for in the Council conclusions.

THE ESSENCE OF EXTRADITION AS A VARIETY OF INTERNATIONAL LEGAL AID IN CRIMINAL PROCEEDINGS (ON THE EXAMPLE OF DNIPROPETROVSK REGION)

The article is devoted to the coverage of one of the urgent problems of the criminal procedural law of Ukraine concerning extradition. Ukraine, which has chosen the European vector of development, aspires to become a member of the European Union, in connection with which since 2012 Ukraine has intensified cooperation between international and Ukrainian criminal law, aimed at uniting the efforts of states in the fight against crime. Such cooperation has become the basis for improving the rules for providing legal assistance and extradition of persons committing criminal offenses, as well as for the further development of the institution of extradition. Despite the fact that Ukraine is currently going through difficult times of war, the issue of application of international law during the extradition procedure is very important. Due to the changes in Ukraine, which were unfortunately brought by the war, in the future our country will face changes in international law and contractual relations between European countries and countries that are part of the CIS. Of course, martial law conditions significantly complicate the extradition process, but even in such circumstances it is not possible to allow situations that would lead to the evasion of criminal responsibility of persons who have committed criminal offenses. The article also considers the results of research by domestic and foreign scientists, the theoretical component of extradition: the concept of "extradition" in the legal system of Ukraine, analysis of legal regulation of extradition, functions and grounds of extradition in criminal proceedings, stages, types and principles of extradition. In order to study the relevance of the extradition procedure in Ukraine, the article reveals the problematic issues during the extradition, the rules of international law and the regulatory framework of Ukraine related to the extradition procedure. The practice of application of norms of the international law and the legislation of Ukraine during extradition on a practical example of the Dnepropetrovsk area is investigated and the visions concerning the decision of problem questions during extradition are given.

EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE: COMPLIANCE WITH THE EUROPEAN STANDARDS

The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.

Wybrane aspekty przekładu terminów prawnych w kontekście międzykulturowym w postępowaniu ekstradycyjnym między Niemcami a Polską

This paper focuses on the problem of cultural differences with respect to legal terms translation concerning the extradition procedure between Germany and Poland. In this context, the question as to how to tailor German legal terminology referring to institutional and office names to that of the Polish language in order to make the text comprehensible and understandable for Polish readers, e.g., judges, prosecutors or legal representatives, will be considered from a cultural perspective. The study is illustrated by examples from a German prosecutor’s letters to the Polish District Court regarding extradition arrangement.

From a political to a judicial approach to extradition: A case for the consolidation of the requesting State’s rights in domestic extradition procedures

This article purports to analyze the role conferred to the requesting State in domestic extradition procedures. Despite the existence of a judicial control over extradition, the majority of States included in this study continue to view extradition as a political prerogative of the executive and leave the requesting State with little or no means to defend its request. This article argues in favor of the consolidation of the role of judicial authorities in the determination of extradition requests, along with a reinforcement of the requesting State’s ability to participate in this process.

Transfer Of Criminal Activities From One Country To Other

Extradition is defined as the surrender of criminals from one country to another. The purpose and objective of extradition is to ensure that the perpetrators of serious crimes cannot escape prosecution or punishment. Therefore, it is appropriate and appropriate for the criminal to be handed over for examination and trial by a state having jurisdiction. The issue raised is the extradition procedure according to Law Number 1 of 1979, the types of crimes that can be requested for the transfer of the perpetrators of criminal acts. The method used is a normative juridical approach, namely research based on literature study. The literature study was conducted to find secondary data, while secondary data were primary legal materials in the form of criminal law literature, extradition and other secondary legal materials. Meanwhile, the tertiary legal materials used in this paper are materials obtained from the internet. Extradition procedures according to Law Number 1 of 1979 are conditions that must be carried out in the process of transferring criminals from one country to another. The perpetrator of a criminal act who can be extradited is any person whom the competent authority from a foreign country requests from Indonesia, on the basis that the person concerned is suspected of committing a crime in order to be able to serve a sentence, while a crime that cannot be extradited is a political crime.

European arrest warrant: appearance and preferences for fulfillment

The European Seascape of the Restricted Area (ERA) and the decision of the Council of Europe of the European Union (2002/584 / TAC) from 13 June 2002, was published in the Official Gazette of the European Community for 18 July 2002. European arrest warrant is in charge of the European Union before the moment of the convention for extradition, (без attach) between the European Union and the formal nationality Extradition procedure (без from the procedure) for the betrayal among the EU Member States and the EU based on European arrest warrant. The problem is based on the principle of reciprocal trust between the body on the burdens-members and on the reciprocal recognition of the publication of the act of the assembly from the punishable body on the one-year-old member and addressing it to the authorities so that the body is a member of the EU member-state.

Differetiation of extradition procedures in criminal proceedings of Ukraine

The article is devoted to the differentiation of the procedures for extradition of a person, depending on the procedure for implementation, into ordinary and simplified ones, as well as the study of the procedural mechanism for extradition of a person in a simplified manner, taking into account legislative changes, related to ratification of the Third Additional Protocol and the Fourth Additional Protocol to the European the convention on extradition of offenders. The procedural features of the simplified extradition procedure are associated with a specific mechanism for its implementation, in which certain subjects of criminal proceedings are involved, exercising the rights and obligations, provided by law: the authorized (central) body of Ukraine, the competent authorities of Ukraine (the prosecutor), as well as the investigating judge, the head of the institution of preliminary detention , defender, if necessary – translator. In the investigated order of extradition, the following are special: conditions and grounds for application, subject composition, terms, procedural acts, restrictions on appeal. Simplified extradition can be applied only with the written consent of the requested person, approved by the investigating judge, before the decision on extradition is made by the authorized (central) body of Ukraine upon request. Simplification of extradition proceedings is aimed at accelerating the latter, saving procedural time and money, as well as reducing the time frame for the application of measures of criminal procedural coercion. The legality of actions, decisions when deciding on the application of measures of criminal procedural coercion (detention, temporary, extradition arrest, the use of preventive measures not related to detention), as well as the voluntariness of consent to simplify the procedure and understanding of the consequences of this is ensured by the investigating judge by implementing judicial control. Facilitation of extradition contributes to the international fight against crime, but must be carried out with respect for human rights and fundamental freedoms and the inadmissibility of violations and lawlessness

Current problems of the institute of extradition in modern criminal proceedings Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered.

What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant

This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.

The Story of Josef Lainck: From German Emigrant to Alien Convict and Deported Criminal to Sachsenhausen Concentration Camp Inmate

Josef Lainck, a German national emigrated to Canada in July 1927. He arrived in Quebec City and travelled west to Edmonton, Alberta where he became a burglar and shot a police officer. Lainck was arrested in November 1927 and deported to Germany in 1938, upon arrival he was arrested and interned in the Sachsenhausen concentration camp until April 1945. This article will examine Lainck’s emigration to Canada, arrest and deportation to Nazi Germany. Lainck’s case is illuminating as it reveals information on deportations from Canada and the Third Reich’s return migration program and how undesirables were treated within Germany. The Third Reich’s return migration plan encouraged returnees to seek their deportations as a method of return. Canadian extradition procedures cared little for the fate of foreign nationals expatriated to the country of their birth regardless of the form of government or the turmoil that plagued the nation. This work will compare Canadian to American deportation rates as an illustration of Canada’s harsh deportation criterion. In this article, the policies and practices of immigration and deportation are discussed within a framework of insecurity as a key driver for human mobility in the first half of the 20th century.