Extradition is a legal process that transcends borders and becomes a crucial point of cooperation between nations in the fight against crime. This mechanism, rooted in international treaties and national laws, allows individuals accused or convicted of crimes to face justice even when they have crossed the borders of their home country.
The United States is one of the countries that receives and sends the most extradition requests. The latest data provided by the US Department of Justice reports more than 150 extradition requests to other countries and received more than 130 extradition requests.
But what about Europe? Germany, France and Spain are some of the countries that issue and receive the most orders. Extradition lawyers in Spain, or anywhere else in the world, play an important role in cases of drug trafficking, fraud, money laundering and violent crime.
What does extradition mean in law?
Extradition is a legal process by which one country requests and obtains from another country the surrender of a person accused or convicted of committing a crime. This procedure is essential to ensure that criminals do not escape justice simply by crossing international borders.
Extradition ensures cooperation between countries in the fight against crime, respecting human rights and principles of justice.
The legal framework of extradition
The legal framework for extradition is based on international treaties and national laws. It establishes criteria for requesting extradition, such as the existence of extradition treaties, and guarantees procedural rights for the requested individual. It defines procedures, including the review of requests and judicial hearings.
It aims to facilitate international cooperation in the prosecution of crimes, while protecting the fundamental rights of those involved.
International treaties and agreements
Bilateral Treaties
Bilateral treaties are agreements between two countries that set out the conditions under which extradition will be granted. These treaties specify the offenses for which extradition may be requested, the procedures to be followed, and the guarantees that must be fulfilled to protect the rights of the accused.
Examples of bilateral treaties include the agreements between the United States and Mexico, or between Spain and Colombia.
Multilateral Treaties
Multilateral treaties, on the other hand, are agreements between multiple countries. A prominent example is the European Convention on Extradition, which facilitates cooperation between member countries of the Council of Europe. These treaties provide a common framework that harmonises extradition procedures, thus facilitating greater international collaboration.
The extradition process
The extradition process has to follow very strict steps, in which many important factors and figures play a role.
Initiating an extradition request
The extradition process begins when one country (the requesting state) submits a formal request to another country (the requested state) for the surrender of a person. This request usually includes detailed information about the offense, evidence to support the charge, and assurances that the rights of the accused will be respected.
Legal proceedings: extradition hearings and appeals process
Once the request is received, the judicial authorities of the requested state evaluate the request in extradition hearings. During these hearings, they review the evidence presented, verify that the offense is extraditable under the applicable treaty and ensure that the legal requirements are met. If extradition is approved, the accused can appeal the decision, which prolongs the process.
Final decision
The final decision on extradition rests with the competent authority of the requested state, which may be a higher court or an executive authority, such as the minister of justice. This decision must consider both the legal framework and the specific circumstances of the case.
Physical transfer
If the extradition is approved, the physical transfer of the accused to the requesting country is arranged. This transfer must be carried out in a safe and secure manner and respect the rights of the extradited individual, ensuring that he or she is treated with dignity throughout the process.
Important legal concepts in extradition law
As we have said, within extradition we can find different concepts. To better understand them, here is a small glossary with the most important ones.
Fugitive
A fugitive is a person who flees from justice to avoid arrest, prosecution or imprisonment. In the context of extradition, a fugitive is someone who has fled to another jurisdiction and whose return is sought to face criminal charges.
Extraditable offense
An extraditable offense is an offence for which extradition can be requested. Extraditable offenses are usually specified in extradition treaties and generally include serious crimes such as murder, drug trafficking, terrorism and corruption.
Double criminality
The principle of dual criminality states that for extradition to be granted, the act for which extradition is requested must be considered a crime in both the requesting and requested countries. This principle ensures that a person is not extradited for acts that are not criminal in both states.
Specialty principle
The principle of speciality ensures that an extradited person will only be tried or punished for the specific offences for which extradition was granted, and not for other offences committed prior to extradition. This principle protects the accused from being prosecuted for offences other than those agreed in the extradition treaty.
Political offense exception
The political offense exception is a common clause in extradition treaties that excludes extradition for offenses of a political nature. This exception seeks to protect individuals persecuted for political reasons by ensuring that they are not extradited to face unfair prosecution or political persecution.
Human rights considerations
Requested states must ensure that the extradited person will not face torture, inhuman or degrading treatment, or unfair trial in the requesting state. These guarantees are essential to protect the dignity and fundamental rights of the individual.
Non-refoulement
The principle of non-refoulement prohibits the extradition of a person to a country where his or her life or freedom would be in danger because of his or her race, religion, nationality, membership of a particular social group or political opinion. This principle is a crucial safeguard against persecution and abuse.
Extradition is a complex but essential mechanism for international cooperation in the fight against crime. Understanding its key terms and procedures allows an appreciation of the delicate balances between justice, national sovereignty and human rights.