Extradition

What is Extradition?

Extradition is a formal legal process where one nation makes an extradition request to another to secure the return of an alleged or suspected criminal who is required to face trial or serve a sentence within the requesting country's jurisdiction. Historically, there was no uniform requirement for states to comply with international extradition, and such cases were often managed through informal agreements between national leaders.

The increasing complexity and volume of these cases highlighted the need for binding extradition treaties to enhance international cooperation. International extradition treaties define the legal framework, detailing the procedures and conditions under which an individual may be transferred from one state to another for prosecution or sentencing.

In cases where extradition treaties are active, authorities may issue an extradition arrest warrant to capture and transport the individual to the requesting country. Additionally, under international extradition rules, many countries permit the provisional detention and subsequent extradition of a suspect based on an Interpol Red Notice, which acts as an urgent alert pending full extradition proceedings.

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.

International extradition law is highly complex and intersects with international treaties, domestic statutes, and human rights protections, making it essential to have experienced legal representation when facing such cases. An extradition defense lawyer provides comprehensive guidance and defense throughout this intricate process, ensuring the individual’s rights are safeguarded at every step.

Extradition Process

The extradition proceedings begins with the submission of an extradition request. Extradition requests include information about the identity of the person sought, a description of the crime for which the individual is wanted, and the legal basis for international 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 even with officially signed extradition treaty.

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?

An Interpol Red Notice is an official alert requesting law enforcement agencies to locate and provisionally detain an individual pending their surrender and extradition for legal proceedings. Although critical for international crime prevention, a Red Notice is not equivalent to an arrest warrant, and member states retain the discretion to deny extradition based on case-specific circumstances.

While Red Notices play a vital role in addressing transnational crime, concerns have grown over their misuse for persecuting individuals based on political, military, or religious grounds. In such situations, legal representation by professionals well-versed in international extradition law is essential for challenging and countering unjust notices.

The Red Notice is the most prevalent and signals the intent to locate, detain, and potentially extradite the individual. The issuance process generally follows these steps:

1. Submission of a request by law enforcement to the National Bureau.
2. Verification by the National Bureau for compliance with international agreements.
3. Submission to the Interpol General Secretariat for publication.
4. Secondary review by the General Secretariat.
5. Issuance of the notice and dissemination to member states.

The Interpol General Secretariat has the authority to reject an international search if the alleged offense is political, military, religious, or racially motivated, or connected to economic interests. In such cases, international extradition is prohibited, and the individual's information is removed from Interpol’s database. For other serious offenses with national security implications, an individual may be detained while a decision on extradition is made, subject to applicable treaties.

Individuals flagged internationally are often detained during routine border checks. In many instances, they may be unaware that they are under investigation or that a case exists against them. To confirm if they are on an international wanted list, individuals can search the publicly accessible section of Interpol’s database, although only Red Notices—which enable extradition—are listed there.

How are Decisions on Extradition Made?

Under the Extradition Act, the Attorney General of the Commonwealth is responsible for overseeing international extradition procedures. While exclusive treaties exist with certain nations, extradition proceedings are generally conducted by law enforcement agencies rather than direct governmental negotiations. When a foreign country initiates an extradition request, the Attorney General sends a formal notification to the Federal District Court. It then becomes the court's role to assess whether the individual in question meets the eligibility criteria for extradition.

In determining eligibility, the judge considers several factors:

• Dual criminality: Extradition is permissible only if the alleged act constitutes a crime under the laws of both the country where the individual is located and the requesting country.
• Objections to extradition: Extradition may be denied if there are valid objections, such as if the individual has already been penalized for the offense or if there is a significant risk of an unfair trial in the requesting state.
• Death penalty concernsDeath penalty concerns: In cases where the individual could face the death penalty, many countries refuse extradition on humanitarian grounds. This principle acts as a strong deterrent against granting extradition requests when execution is a potential outcome.

If the judge determines that the individual is eligible for extradition, the Attorney General has the ultimate authority to make the final decision on whether to proceed with the extradition request.

How Can an Extradition Lawyer Help?

International extradition attorney 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. Extradition defense lawyers will analyze the validity of the extradition request and identify potential grounds for contesting it.
2. Extradition proceedings are governed by complex international treaties and bilateral agreements. Skilled criminal defense attorney understands these frameworks and leverages this knowledge to build an effective defense, highlighting discrepancies or treaty violations.
3. Should the court initially approve an extradition, an international extradition attorney can prepare and file appeals to challenge the decision.
4. For those who anticipate potential extradition issues, an extradition lawyer can offer proactive counsel. This includes conducting background checks, monitoring for potential Interpol Red Notices, and preparing strategies to address any legal concerns that may arise.