International extradition
This article may be deleted soon. | ||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
In 1990, the United Nations General Assembly proposed a Model Treaty on Extradition, which establishes the principle that in the interest of control of crime, nations should execute bilateral agreements for international extradition of persons charged with indictable offenses. [1] As defined by the U.S. Department of Justice, international extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. [2] It differs both from extraordinary rendition in international relations, as well as domestic interstate extradition U.S.). Extraordinary rendition may still involve an overt process by which the person is surrendered to another country by formal but not judicial methods, or may, as used by the George W. Bush Administration, be a secret process. Indictable offensesArticle II of the UN Model Treaty defines an indictable offense as "punishable under the laws of both Parties by imprisonment or other deprivation of liberty for a maximum period of at least one/two year(s), or by a more severe penalty." Note that both countries must recognize the criminality of the offense and agree upon a penalty. Grounds for refusalThe UN treaty establishes both mandatory and optional grounds for refusing extradition by the Requested State (RS). These provisions may conflict with other treaties.
Granting extraditionIn extradition, sometimes also called "rendition", a foreign government has to submit a formal extradition request, which the captive has an opportunity to challenge, in the justice system. Normally, an extradition treaty must exist between the countries. In the United States, extradition requests can be turned down, by the judicial branch, even if the executive branch is in favor of the foreign nation's request. The judiciary can dismiss an extradition request if the charges the foreign government has leveled against the captive are not crimes in the United States. The judicial branch can dismiss an extradition request if the captive has a reasonable fear of facing cruel and unusual punishment if he or she was extradited, or if they had a reasonable fear they would not face a fair trial. Requesting extraditionUnder the UN model treaty, all requests shall be in writing, through diplomatic channels, to the justice ministry or other appropriate agency. They will document warrants, sentences, and all relevant evidence. References
|