Extradition Process Research Articles

EXTRADITION: DIRECTIONS OF DEVELOPMENT

The study of one of the basic institutions of criminal law and international criminal law is aimed at creating a system of approaches to the development of existing law that can lead to the development of a universal approach to providing legal assistance. The purpose of the study is to determine the directions of the development of the law for providing legal assistance under the extradition process. Materials and methods. The method of analyzing sources of law made it possible to identify weaknesses when carrying out the extradition; the comparison method revealed a divergence in norms relating to the basis for extradition, which gives a forecast for solving a number of problems for both parties of the mechanism under study. Research results. The practical application of extradition rules makes it possible to achieve the desired result, but the desired effect is achieved through large and unreasonable efforts of both parties with a large bureaucratic toolkit, which leads to the idea of optimizing a number of processes. Conclusions. The institution of extradition should be considered as a flexible tool of legal assistance that allows solving the problems of justice in the spirit of the current principles of humanity and legality. The creation of an international instrument of a universal nature can fill gaps in the law and lead to a uniform extradition mechanism at the bilateral level. Due to current political international processes, the formation of such a document seems appropriate.

Striking a Balance: Navigating Exemptions in Extradition for Terrorism and Political Offenses under International Law

This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.

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.

Breaking Boundaries

This thought-provoking paper explores the intriguing issue of Indonesia’s limited geographical jurisdiction concerning extradition treaty implementation. Extradition, the process of returning fugitives to face justice, is frequently impeded by complex legal obstacles stemming from a country’s membership in the United Nations and commitment to human rights principles and values. Due to their legal jurisdiction or concerns regarding human rights violations, many nations are not obligated to deliver over suspects, posing a unique difficulty for Indonesia. Nevertheless, there is optimism. International cooperation and the development of extradition agreements can serve as a road map for nations seeking to enhance their extradition practices. Countries can negotiate multilateral or regional agreements that satisfy the concerns and interests of all parties by comprehending the complexities of the extradition process, such as the list of extraditable offences and customary international law. Our paper suggests that nations investigate legal models and extradition treaties that offer viable solutions for overcoming these obstacles. By collaborating and sharing information, we can surmount obstacles to justice and ensure that fugitives face the consequences of their actions, regardless of where they hide.

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.

Concepts and principles of extradition in criminal procedure law

The article examines the concepts and fundamental principles of extradition in criminal procedure law, reveals their essence and problems. Extradition is the extradition of a person to the State whose competent authorities are seeking him or her for prosecution or execution. But the European Convention on the Extradition of Offenders lacks the notion of "extradition" but instead uses the term "extradition", which some scholars see as synonymous, while others see in the term "extradition" a broader meaning. In general, it is necessary to mention the principles of extradition, which in the article there are seven, which is a complete list and their content is fully disclosed.
 The article also evaluations the contradictions between the approaches of scientists to determine the essence of the concept of extradition, but they all have common features. In the scientific literature, extradition can be considered in a broad and narrow sense. In general, the definition of extradition by scientists is more meaningful than the definition used in the regulations of our state.
 It should be noted that the procedural status of a person subject to extradition at the level of national legislation remains open and controversial, it is not perfectly defined and entails conflicts and inconsistencies in legal acts. Extradition relations are governed by various branches of law. which is described in detail in the article. It should also be added that the national legislation governing extradition relations needs to be supplemented and the existing contradictions eliminated in order to best implement the extradition process and high-quality international cooperation, as this is an integral part of the extradition institution.
 It is noted that extradition is an important element in the fight against transnational crime and aims to reduce its level and in general contributes to improving international relations and quality cooperation between the signatory states of the European Convention on the Extradition of Offenders. Extradition relations are constantly evolving and improving, which best affects the quality of this process and eliminates negative phenomenal in its implementation.

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 Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered.

Transplanting Legal Context without the Law: Double Criminality in Meng Wanzhou’s Extradition Case

Law is often transplanted from one place to another. Law is inextricably linked to its social context. In the new location, it will operate differently because the legal context changes. The law undergoes a transformation. In its new context, it might fulfil its intended purpose or satisfy a different one. In the extradition case of Meng Wanzhou, CFO of the Chinese private company, Huawei, the Canadian Court applied the double criminality test. This involved transferring the social context of the requesting jurisdiction, as it attached to the alleged conduct constituting the offence, to judge whether the domestic offence requirements could be satisfied. The social context may include background law comprising the sociolegal landscape. However, the law creating the offence is not transplanted for this purpose, as only the local law is relevant, not that of the foreign jurisdiction. This article reviews the application of the test and questions whether the deciding Court went too far by using foreign law, that creating US Sanctions against Iran, which does not exist in Canada, to satisfy a required element of the local offence. The article posits that the legal element of the transplanted ‘context’ shifted from passive background context to playing a performative role in the Court’s decision that the double criminality test had been satisfied. It is suggested that further study of the previous work of legal comparatists might help identify the role of transplanting law and context in this aspect of the extradition process.

Transplanting Legal Context without the Law: Double Criminality in Meng Wanzhou’s Extradition Case

Law is often transplanted from one place to another. Law is inextricably linked to its social context. In the new location, it will operate differently because the legal context changes. The law undergoes a transformation. In its new context, it might fulfil its intended purpose or satisfy a different one. In the extradition case of Meng Wanzhou, CFO of the Chinese private company, Huawei, the Canadian Court applied the double criminality test. This involved transferring the social context of the requesting jurisdiction, as it attached to the alleged conduct constituting the offence, to judge whether the domestic offence requirements could be satisfied. The social context may include background law comprising the sociolegal landscape. However, the law creating the offence is not transplanted for this purpose, as only the local law is relevant, not that of the foreign jurisdiction. This article reviews the application of the test and questions whether the deciding Court went too far by using foreign law, that creating US Sanctions against Iran, which does not exist in Canada, to satisfy a required element of the local offence. The article posits that the legal element of the transplanted ‘context’ shifted from passive background context to playing a performative role in the Court’s decision that the double criminality test had been satisfied. It is suggested that further study of the previous work of legal comparatists might help identify the role of transplanting law and context in this aspect of the extradition process.

INTERNATIONAL LEGAL COOPERATION AND THE PRINCIPLE OF RECIPROCITY: LESSONS FROM EXTRADITION LAW

In this work, after making a brief reference to the principle of reciprocity in general, we will refer to its application in the field of international criminal legal cooperation, specifically, its application in the extradition process. However, given that within the European Union this extradition procedure has been replaced by the European arrest warrant (EAW), we will end our analysis with a brief reflection on the incidence of this principle in a judicial area such as the European that is governed by the principle of mutual judicial recognition.

MENGIDENTIFIKASI DAMPAK EKSTRADISI TERHADAP PEREKONOMIAN INDONESIA

Extradition is one of the measures undertaken to demonstrate the ability of a country to optimize law enforcement upon the citizen committing criminal offense. Some issues in extradition discussed are (1) no arrangement(i) no arrangement regarding the deadline required to complete an extradition process, (ii) the extradition process in Indonesia has failed to reflect the government's intentionto optimizelaw enforcement measures. To note, optimal law enforcement activities will provide a state of political stability, prevent economic decline and or unstable circumstances, and the main objective is to maximize social welfare. The author usednormative juridical methods of research conducted by using the data and information contained in the legislation and literature. The conclusionwas drawndeductivelyusing coherentcriterium of truth. By dissectingthe rules on extradition of which is the basis of the promulgationof the extradition law, it is expected to createa regulation that prioritizes the welfare of the people of Indonesia. In addition, in conducting extradition, Government shouldbe stricts, but maintaininga good bargaining position beneficial forits side.

Міжнародне співробітництво у кримінальному провадженні

У статті розглянуто поняття і сутність міжнарод-ного співробітництва в кримінальному провадженні. Висвітлено стан дослідження проблеми міжнародного співробітництва в кримінальному провадженні. Проа-налізовано основні нормативно-правові акти, що регу-люють сферу міжнародного співробітництва в кримі-нальному провадженні, а також визначають порядок та зміст такого співробітництва. Стаття присвячена визначенню поняття міжнародного співробітництва, місця міжнародного співробітництва в кримінально-му процесуальному праві. Проводиться аналіз деяких форм міжнародної правової допомоги, передбачених Кримінальним процесуальним кодексом України, ін-ших нормативно-правових актів. У статті проаналізовано підходи до визначення по-няття та змісту міжнародного співробітництва в кримі-нальному провадженні. Здійснено аналіз зіставлення міжнародного права та міжнародного співробітництва в кримінальному провадженні. Розкрито особливості міжнародного співробітництва на рівні різних країн та співтовариств.Висвітлені особливості інституту міжнародної пра-вової допомоги під час кримінального провадження, процесу видачі осіб, які вчинили кримінальне право-порушення, перейняття кримінального провадження. Зазначено правове підґрунтя регулювання міжнарод-ного співробітництва в кримінальному провадженні. Наведений аналіз деяких положень Кримінального процесуального кодексу України, Інструкції про поря-док здійснення міжнародного співробітництва з питань взаємної правової допомоги, видачі правопорушників (екстрадиції), передачі (прийняття) засуджених осіб, виконання вироків та інших питань міжнародного судового співробітництва в кримінальному проваджен-ні під час судового провадження з нормами відповідних міжнародно-правових актів, що регулюють міжнарод-не співробітництво в кримінальному провадженні. Пропонуються шляхи вирішення проблемних питань, пов’язаних із міжнародним співробітництвом у кримі-нальному провадженні.

International Legal Cooperation and the Principle of Reciprocity: Lessons from Extradition Law

In this work, after making a brief reference to the principle of reciprocity in general, we will refer to its application in the field of international criminal legal cooperation, specifically, its application in the extradition process. However, given that within the European Union this extradition procedure has been replaced by the European arrest warrant ("EAW"), we will end our analysis with a brief reflection on the incidence of this principle in a judicial area such as the European that is governed by the principle of mutual judicial recognition.

O processo de extradição e seus limites no Brasil: apontamentos de acordo com o entendimento do supremo tribunal federal

A extradição é um instituto milenar, e também um importante mecanismo de garantia de direitos humanos, de soberania nacional e combate a impunidade. O presente artigo aborda os principais limites do processo de extradição no ordenamento jurídico brasileiro, utilizando-se, para tanto, de revisão bibliográfica e análise documental. A extradição no Brasil é considerada mista, pois exige a atuação conjunta do Poder Executivo e do Poder Judiciário, respeitando o sistema belga de contensiodade limitada. Percebe-se que os limites ao processo de extradição são importantes para assegurar o respeito aos direitos humanos do estrangeiro, vedando-se, por exemplo, a extradição por crimes políticos ou por fato atípico. Por outro lado, para garantir o funcionamento do sistema, podem ocorrer restrições a direitos humanos, como a limitação da matéria de defesa que pode ser alegada pelo estrangeiro.

Policing Morality: Regulating Sexuality across the Canada-United States Border

During the nineteenth and twentieth centuries, Canada and the United States attempted to protect sexual morality at home by extending their power abroad. They used border surveillance to control the transnational movements of Euro-Canadians, Euro-Americans, Chinese immigrants, and Native Americans. At the same time, they developed creative ways to punish deviancy abroad by relying on an expansive understanding of the extradition process and by using race-based legislation to increase their coercive power. They deprived individuals of their intergenerational access to wealth and status through their ability to control marital recognition. Deprivation served as a powerful tool to secure conformity even beyond the explicit legal boundaries each country maintained.

Asistencia a colombianos solicitados en extradición

Objetivos: describir el trámite de la extradición de colombianos solicitados por Cortes Internacionales de Justicia, a partir de la experiencia de la Fundación por la Defensa de los Colombianos Pedidos en Extradición (DECOPEX); esto, con el fin de concretar una fuente de consulta sobre la extradición, en las tres últimas décadas en Colombia.
 Metodología: estudio descriptivo y documental que se desarrolló en dos fases: primero, se realizó la descripción del estudio con insumos que generó la entrevista a 650 internos del Pabellón 7 de la Penitenciaría de Máxima Seguridad de Cómbita; tales entrevistas se lograron en las visitas de los sábados entre 2007 y 2011. En la segunda fase, de carácter documental, se recopiló material escrito sobre los aspectos legales y de gestión en la Fundación DECOPEX y en una revisión bibliográfica.
 Resultados: entre 2000 y 2011 fueron extraditados 1221; el 2008 fue el de mayor número de extradiciones: 207. Los países requirentes con mayor número de solicitudes fueron Estados Unidos, España y Perú. Los principales delitos son: narcotráfico, 75%; delitos relacionados con el narcotráfico con 11%; lavado de activos 10%; homicidio 2 % y tráfico de migrantes 1%.
 Conclusiones: en Colombia se aplica la extradición desde hace tres décadas, como mecanismo que facilita la colaboración judicial entre países. Es un trámite que dura entre 12 a 18 meses y está reglamentado en la Constitución Política de Colombia.

Dispensing Irregular Justice: State Sponsored Abductions, Prisoner Surrenders, and Extralegal Renditions Along the Canada–United States Border

In 1899, Levi Edwin Dudley, the American consul at Vancouver, complained about the ways that Canadian and American police officers enacted justice along their shared border. During one of Dudley's investigations into alleged abuses, he spoke with a Canadian officer about the ways that local agents on both sides of the border approached their jobs. The officer, speaking under conditions of anonymity, noted that “on the border here we must do things in an irregular way in order to preserve the peace.” The ability of criminals to move back and forth across the line forced American and Canadian officers to “‘stand in’ with each other, [or] we should have the country filled with desperadoes.” American officers transferred criminals over to Canadian agents without proper clearance and Canadian officers later returned the favor. This system of irregular justice utilized informal prisoner exchanges built on local understandings, professional courtesy, and mutual concern to circumvent the slow, uncertain, and expensive extradition process. For Dudley, this kind of behavior threatened the liberty of citizens in both countries. For the officers tasked with policing a region of bisecting jurisdictions, it was a necessary evil.

Political Aspect of the Institute of Extradition in PostSoviet Space

The institution of extradition dates back from the thousands of years, during which the institution mentioned above has become in permanent evolving, with social relations getting complicated. Globalization, as a socio-political phenomenon, has the greatest impact on extradition having complicated and modified the process making it responds to current challenges on the part of society. And, despite the fact that eventually positive attitude toward human rights has come to characterize the institution of extradition, such legal acts as the Universal Declaration of Human Rights, Convention on the Protection of the Rights and Fundamental Freedoms, Convention against Torture and many others have become an important stage on its way, which ultimately have brought about changes in usual perception of the institution, having adopted the necessity of securing individual rights in it in connection with extradition through transnational cooperation. Intensive discussion of extradition questions in legal literature, abundance of legal acts by no means approaching emerging issues repetitively, constantly arising empirical evidence of lack of clearly defined methods of international cooperation on extradition questions lead to the need to address the deep causes of the problem, to determine the place of extradition in the system of international law, to work out effective legal standards that would enable the institution of extradition to realize its full potential in the fight against world crime. In the post-Soviet space a set of regulations and principles, concerning extradition issues, appeared. It determined the process of getting out offenders: the rule of double criminality, the rule of specialization, the principle to extradite or prosecute and others. The article is ted to study of the institution of extradition and is focused on the analysis of its past, changes, which it endured during its formation, and problems that the institution faces nowadays. This subject is quite sensitive strictly because it is regulated not only by rules of a particular state, but by rules of international law. Contemporary international law can be characterized as a vector directed to protect human rights that undoubtedly affected the nature of the institution. Inaccuracies in contemporary legislation, penal problems of extradition are often complicated by interference of a political factor. In other words, relations between states on the world stage often have a huge influence on the process of extradition. At the same time, current political situation and political motives of subjects have a great impact on the institution of extradition. In this work the authors consider the political aspect of the institution of extradition (giving the offenders out) in modern legislation. The study of these issues, connected with exclusion of political crimes from the scope of extradition, should be further developed in both international contract law and national legislation.

Extradition Process in Transnasional Criminal Act to Find Perpetrators

In some research, it is elaborated that the process of extradition, MLA, Good Mutual Relation are conducted between governments represented by central authority from each state, meanwhile the process of Handing-Over is conducted by police (Ncb-Interpol) of each state. Those for means are conducted in four steps, namely, pre-request, procedure in the requesting state, procedure in the requested state and post-request. In practice, those four are influenced by ten factors: the difference in legal system and legal politics, the existence of agreement between the requesting state and the requested state, clauses and the qualification of the clauses in the agreement of extradition or MLA, formulation of extradition and MLA in international convention, formulation of extradition and MLA in the requested state, relationship of the requesting and the requested states, bargaining position of a state, facility and infrastructure, law enforcer means and Law awareness of law subject.