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Extradition Agreement

The issues are often complex when the country from which suspects are to be extradited is a democratic country with the rule of law. As a rule, in these countries, the final decision on extradition rests with the national executive (Prime Minister, President or equivalent). However, these countries generally allow extradition defendants to resort to the law, with several remedies. These can significantly slow down the procedures. On the one hand, this may lead to unjustified international difficulties, as public opinion, politicians and journalists in the requesting country will ask their executive to put pressure on the executive of the country of origin of extradition, when that executive may not have the power to expel the suspect or criminal itself. On the other hand, some delays or the unwillingness of local law enforcement authorities to present proper extradition proceedings to the court on behalf of the requesting State may be due to the unwillingness of the country`s executive to extradite. The jurisdiction of an offence may be invoked to refuse extradition. [16] Treaties signed in recent decades tend to adopt a “double crime” approach and to qualify all crimes punishable in both legal systems as extradition. In contrast, old extradition contracts tend to list the offences covered. For example, the treaty between Albania and the United States, signed in 1933, lists more than two dozen crimes, including murder, rape, arson and burglary.

Many extradition treaties allow extradition only for offences punishable by more than one year. If a request for extradition has not been made following the submission of the required documents after a provisional arrest, this results in the release of the fugitive, charges for diplomatic relations and possible responsibility on the part of the prosecutor. Pursuant to Section 34A of the 1962 Act, if the central government considers that a fugitive criminal cannot be repatriated or extradited following an extradition request from the foreign state, the central government may take steps to prosecute that fugitive criminal in India. . . .

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