Extradition
Overview
 
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition
Rendition (law)
In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken...

.
The consensus in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 is that a state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...

 does not have any obligation to surrender an alleged criminal to a foreign state as one principle of sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

 is that every state has legal authority over the people within its borders.
Discussions
Encyclopedia
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition
Rendition (law)
In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken...

.

Extradition treaties or agreements

The consensus in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 is that a state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...

 does not have any obligation to surrender an alleged criminal to a foreign state as one principle of sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

 is that every state has legal authority over the people within its borders. Such absence of international obligation and the desire of the right to demand such criminals of other countries have caused a web of extradition treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

 or agreements to evolve; most countries in the world have signed bilateral extradition treaties with most other countries.

No country in the world has an extradition treaty with all other countries; for example, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 lacks extradition treaties with several nations, including the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

, Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...

, the United Arab Emirates
United Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...

, North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...

, and Bahrain
Bahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...

.
Extradition is the delivery of an accused or a convicted individual by one state to another state on whose territory he/she is alleged to have committed or to have been convicted of a crime.

Restrictions

By enacting laws or concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests. Common bars to extradition include:
  • Failure to fulfill dual criminality - generally the act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested parties.
  • Political nature of the alleged crime - most countries refuse to extradite suspects of political crimes.
  • Possibility of certain forms of punishment - some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face torture. A few go as far as to cover all punishments that they themselves would not administer.
  • Jurisdiction - Jurisdiction over a crime can be invoked to refuse extradition. In particular, the fact that the person in question is a nation's own citizen causes that country to have jurisdiction.
  • Citizenship of the person in question - some nations refuse to extradite their own citizens, holding trials for the persons themselves (see e.g. trial of Xiao Zhen
    Trial of Xiao Zhen
    The 2011 trial in Shanghai, China of Xiao Zhen for the murder of Hiren Mohini in Mount Eden, New Zealand, is notable as the first time a New Zealand murder has been tried in a foreign court...

    ). In some cases, such as that of Hafiz Muhammad Saeed
    Hafiz Muhammad Saeed
    Hafiz Muhammad Saeed is the amir of Jama'at-ud-Da'wah, a charity organization that is widely considered to be a cover organization for Lashkar-e-Taiba , one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan...

    , the suspect will not face criminal charges at all.


Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is sought for a political crime
Political crime
In criminology, a political crime is an offence involving overt acts or omissions , which prejudice the interests of the state, its government or the political system...

. Many countries and areas, such as Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, Macao
Mação
Mação is a municipality in Portugal with a total area of 400.0 km² and a total population of 7,763 inhabitants.The municipality is composed of eight parishes, and is located in the Santarém District....

, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

, and most Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

an nations, will not allow extradition if the death penalty may be imposed on the suspect unless they are assured that the death sentence will not be passed or carried out. In the case of Soering v. United Kingdom
Soering v. United Kingdom
Soering v United Kingdom 11 Eur. Ct. H.R. is a landmark judgment of the European Court of Human Rights which established that extradition of a young German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights guaranteeing...

, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 held that it would violate Article 3 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

 to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and the uncertain timescale within which the sentence would be executed. Parties to the European Convention also cannot extradite people where they would be at significant risk of being tortured inhumanely or degradingly treated or punished.

These restrictions are normally clearly spelled out in the extradition treaties that a government has agreed upon. They are, however, controversial in the United States, where some states have the death penalty, as it is seen by many as an attempt by foreign nations to interfere with the U.S. criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...

 system. In contrast, the U.S. has often persuaded countries to change or even break relevant laws, as alleged in the extradition dispute with Canada on Charles Ng
Charles Ng
Charles Chi-Tat Ng is a serial killer. With Leonard Lake, he is suspected of murdering between 11 and 25 victims at Lake's ranch in Calaveras County, California, United States....

.

The case of Charles Ng went before the Supreme Court of Canada, where it was decided that extradition to the United States did not violate Mr. Ng's rights under the Canadian Charter of Rights and Freedoms. However, subsequent Canadian case law has overruled the Ng decision. Accordingly in Canada, a prisoner cannot be extradited to a country allowing the death penalty unless assurances have been made to prevent the execution of such.

Countries with a rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

 typically make extradition subject to review by that country's courts. These courts may impose certain restrictions on extradition, or prevent it altogether, if for instance they deem the accusations to be based on dubious evidence, or evidence obtained from torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

, or if they believe that the defendant will not be granted a fair trial
Fair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....

 on arrival, or will be subject to cruel, inhumane or degrading treatment if extradited.

Some countries, such as France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, Russian Federation, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

, the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

, the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

 (Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

) and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

, forbid extradition of their own citizens either by law or by treaty. Such restrictions are occasionally controversial in other countries when, for example, a French citizen commits a crime abroad and then returns to their home country, perceived as to avoid prosecution. These countries often have laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the country's borders.

Exemptions in the European Union

The usual extradition agreement safeguards relating to dual-criminality, the presence of prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...

evidence and the possibility of a fair trial
Fair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....

 have been waived by many European nations for a list of specified offences under the terms of the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...

. The warrant entered into force in eight European Union (EU) member-states on 1 January 2004, and is in force in all member-states since 22 April 2005. Defenders of the warrant argue that the usual safeguards are not necessary because every EU nation is committed by treaty, and often by legal and constitutional provisions, to the right to a fair trial, and because every EU member-state is subject to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

.

Extradition to federations

The federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...

 structure of some countries, such as the United States, can pose particular problems with respect to extraditions when the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...

 and the power of foreign relations are held at different levels of the federal hierarchy. For instance, in the United States, most criminal prosecutions occur at the state level, and most foreign relations occurs on the federal level. In fact, under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

, foreign countries may not have official treaty relations with sub-national units such as the individual states; rather, they may have treaty relations only with the federal government. As a result, a state that wishes to prosecute an individual located in foreign territory must direct its extradition request through the federal government, which will negotiate the extradition with the requested state. However, due to the constraints of federalism, any conditions on the extradition accepted by the federal government — such as not to impose the death penalty — are not binding on the states.

In the case of Soering v. United Kingdom
Soering v. United Kingdom
Soering v United Kingdom 11 Eur. Ct. H.R. is a landmark judgment of the European Court of Human Rights which established that extradition of a young German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights guaranteeing...

, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 ruled that the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 was not permitted under its treaty obligations to extradite an individual to the United States, because the United States' federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

 courts. Ultimately, the Commonwealth of Virginia itself had to offer assurances to the federal government, which passed those assurances on to the United Kingdom, which extradited the individual to the United States.

Less important problems can arise due to differing qualifications for crimes. For instance, in the United States, crossing state lines is a prerequisite for certain federal crimes (otherwise crimes such as murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

, etc. are handled by state governments except in certain circumstances such as the killing of a federal official). This transportation clause is absent from the laws of many countries. Extradition treaties or subsequent diplomatic correspondence often include language providing that such criteria should not be taken into account when checking if the crime is one in the country from which extradition should apply.

To clarify the above point, if a person in the United States crosses the borders of the United States to go to another country, then that person has crossed a federal border, and then federal law would apply. In addition, taking a flight in the United States subjects one to federal law, as all airports are considered subject to federal jurisdiction.

International tensions

The refusal of a country to extradite suspects or criminals to another may lead to international relations being strained. Often, the country to which extradition is refused will accuse the other country of refusing extradition for political reasons (regardless of whether or not this is justified). A case in point is that of Ira Einhorn
Ira Einhorn
Ira Samuel Einhorn, known as "the Unicorn Killer" , is a convicted murderer who savagely beat his ex-girlfriend, Holly Maddux, to death and then stored her body in a locker in his apartment for more than a year before it was discovered by the police...

, in which some US commentators pressured President Jacques Chirac
Jacques Chirac
Jacques René Chirac is a French politician who served as President of France from 1995 to 2007. He previously served as Prime Minister of France from 1974 to 1976 and from 1986 to 1988 , and as Mayor of Paris from 1977 to 1995.After completing his studies of the DEA's degree at the...

 of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, who does not intervene in legal cases, to permit extradition when the case was held up due to differences between French and American human rights law. Another long-standing example is Roman Polanski
Roman Polanski
Roman Polanski is a French-Polish film director, producer, writer and actor. Having made films in Poland, Britain, France and the USA, he is considered one of the few "truly international filmmakers."...

 whose extradition the State of California has pursued for over 20 years. For a brief period he was placed under arrest in Switzerland, however subsequent legal appeals there prevented extradition.

The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

. Typically, in such countries, the final decision to extradite lies with the national executive (prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...

, president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...

 or equivalent). However, such countries typically allow extradition defendants recourse to the law, with multiple appeals. These may significantly slow down procedures. On the one hand, this may lead to unwarranted international difficulties, as the public, politicians and journalists from the requesting country will ask their executive to put pressure on the executive of the country from which extradition is to take place, while that executive may not in fact have the authority to deport the suspect or criminal on their own. On the other hand, certain delays, or the unwillingness of the local prosecution authorities to present a good extradition case before the court on behalf of the requesting state, may possibly result from the unwillingness of the country's executive to extradite.

For example, there is at present a disagreement between the United States and the United Kingdom about the Extradition Act 2003
Extradition Act 2003
The Extradition Act 2003 is an Act of the Parliament of the United Kingdom. It came into force on 1 January 2004 and all import and export extradition requests submitted or received from this date are covered by the Act...

 (text here) that dispenses with the need for a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...

case for extradition.

This came to a head over the extradition of the Natwest Three from the UK to the U.S., for their alleged role in the Enron
Enron
Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. Before its bankruptcy on December 2, 2001, Enron employed approximately 22,000 staff and was one of the world's leading electricity, natural gas, communications, and pulp and paper companies, with...

 fraud. Several British political leaders were heavily critical of the British government's handling of the issue. The former leader of the UK's Liberal Democrat party, Sir Menzies Campbell, had argued that the U.S. had not ratified the treaty primarily due to the influence of what he calls the "Irish lobby" – which, he said, is opposed to the treaty because it could make it easier for Britain to have alleged IRA
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...

 terrorist suspects extradited from the U.S.

The precedent of the Natwest Three may also be used to extradite/prosecute Philip Watts
Philip Watts
Sir Philip Watts, KCMG is the former chairman of the multinational energy company Shell.Watts was born on June 25, 1945, in Leicester, England and grew up in the Midlands where his father worked in the textile industry. Watts attended Wyggeston Boys' and Dixie Grammar schools in Leicestershire and...

 in connection with the Royal Dutch Shell
Royal Dutch Shell
Royal Dutch Shell plc , commonly known as Shell, is a global oil and gas company headquartered in The Hague, Netherlands and with its registered office in London, United Kingdom. It is the fifth-largest company in the world according to a composite measure by Forbes magazine and one of the six...

 reserves scandal. The press has carried vocal criticisms of the present extradition arrangements from the UK's business community, some of whom stated that they were avoiding doing business with or in the U.S. because of legal concerns such as the extradition treaty, among other concerns.

Extradition and abduction

Issues of international law relating to extradition have proven controversial in cases where a state has abducted and removed an individual from the territory of another state without previously requesting permission, or following normal extradition procedures. Such abductions are usually in violation of the domestic law of the country in which they occur, as infringements of laws forbidding kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

. Many also regard abduction as violation of international law — in particular of a prohibition on arbitrary detention. A small number of countries have been reported to use kidnapping to circumvent the formal extradition process. Notable or controversial cases include the abduction of
Year Name From To
1950 Morton Sobell
Morton Sobell
Morton Sobell is a former spy for the Soviet Union. Sobell was an American engineer working for General Electric and Reeves Electronics on military and government contracts. He was found guilty of spying for the Soviets , and sentenced to 30 years in prison...

Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

1960 Adolf Eichmann
Adolf Eichmann
Adolf Otto Eichmann was a German Nazi and SS-Obersturmbannführer and one of the major organizers of the Holocaust...

Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

1967 Isang Yun
Isang Yun
Isang Yun was a Korean-German composer originally from Korea. According to his official publisher's Boosey & Hawkes biography of him, he was granted political asylum by West Germany, eventually becoming a naturalised German citizen, following his abduction and torture in 1967 by the South Korean...

West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....

South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...

1986 Mordechai Vanunu
Mordechai Vanunu
Mordechai Vanunu ; is a former Israeli nuclear technician who, citing his opposition to weapons of mass destruction, revealed details of Israel's nuclear weapons program to the British press in 1986. He was subsequently lured to Italy by a Mossad agent, where he was drugged and kidnapped by...

Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

1990 Humberto Álvarez Machaín
Humberto Álvarez Machaín
United States v. Alvarez-Machain, 504 U.S. 655 , was a decision by the United States Supreme Court, which held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. It re-confirmed the Ker-Frisbie...

Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

1997 Mir Aimal Kansi Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

1999 Abdullah Ocalan
Abdullah Öcalan
Abdullah Öcalan , Kurdish founder of the terrorist organization called Kurdistan Workers' Party in 1978.Öcalan was captured in Nairobi and extradited to the Turkish security force, and sentenced to death under Article 125 of the Turkish Penal Code, which concerns the formation of armed gangs...

Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

2002 Martin Mubanga
Martin Mubanga
Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months....

Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Guantanamo Bay
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...

2004 Khaled El-Masri Republic of Macedonia
Republic of Macedonia
Macedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

2005 Hassan Mustafa Osama Nasr
Hassan Mustafa Osama Nasr
Hassan Mustafa Osama Nasr , also known as Abu Omar, is an Egyptian cleric. In 2003 he was living in Milan, Italy, from where he was kidnapped and allegedly later tortured in Egypt. This "Imam rapito affair" prompted a series of investigations in Italy, culminating in the criminal convictions of...

Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...

2009 Camilla Broe
Camilla Broe
Camilla Broe is the first Danish citizen to be extradited to a country outside the European Union, when she was handed over to the American police after being indicted on 14 counts of drug trafficking...

Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

2011 Dirar Abu Seesi
Dirar Abu Seesi
Dirar Abu Seesi or: Abu Sisi is the Deputy Engineer for the Gaza Strip's sole electrical plant, which provides 25% of Gaza's power, and, according to Israel, also a Hamas weapons engineer...

Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...

Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...


'Extraordinary rendition'

"Extraordinary rendition" is an extrajudicial procedure and policy of the United States in which criminal suspects, generally suspected terrorists or supporters of terrorist organisations, are sent to other countries for imprisonment and interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...

. The procedure differs from extradition as the purpose of the rendition is to extract information from suspects, while extradition is used to return fugitives so that they can stand trial or fulfill their sentence. Critics of the procedure have accused the CIA of rendering suspects to other countries in order to circumvent U.S. laws prescribing due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...

 and prohibiting torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

.

See also

  • Extraterritorial jurisdiction
    Extraterritorial jurisdiction
    Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries.Any authority can, of course, claim ETJ over any external territory they wish...

  • Extraterritoriality
    Extraterritoriality
    Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...

  • Universal jurisdiction
    Universal jurisdiction
    Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...

  • Right of asylum
    Right of asylum
    Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

  • Deportation
    Deportation
    Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...



International:
  • Extradition law in the United States
    Extradition law in the United States
    Extradition law in the United States is the formal process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. For foreign countries the process is regulated by treaty and conducted between the Federal Government of the United States...

  • Extradition law in Australia
    Extradition law in Australia
    Extradition law in Australia is the formal process under Australian law by which a fugitive found outside one jurisdiction is surrendered to the jurisdiction where an alleged offense has taken place for trial or punishment.-Interstate extradition:...

  • European Arrest Warrant
    European Arrest Warrant
    The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...



Individuals:
  • Brian O'Rourke
    Brian O'Rourke
    Lord Brian na Múrtha Ó Ruairc , hereditary lord of West Bréifne in Ireland during the later stages of the Tudor conquest of that country, was proclaimed by the English to be a rebel and became the first man extradited within Britain for crimes alleged to have been committed in Ireland.-Early life:Ó...

     (1540?–1591), first man to be extradited within Britain.
  • Luis Posada Carriles
    Luis Posada Carriles
    Luis Clemente Faustino Posada Carriles is a Cuban-born Venezuelan anti-communist and former Central Intelligence Agency agent....

    , anti-Castrist detained in the U.S. and wanted by Cuba and Venezuela

External links

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