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Journal articles on the topic 'Extradition'
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1
Poort, Tineke. "Male Captus, Bene Judicatus: disguised extradition and other practices." Leiden Journal of International Law 1, no. 1 (May 1988): 65–77. http://dx.doi.org/10.1017/s0922156500000686.
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On the basis of four ‘irregular’ extradition cases, the author demonstrates that states sometimes violate generally accepted rules of extradition law. Legitimate grounds for the refusal of, as well as procedural impediments to extradition are evaded -for instance by simply kidnapping the individual involved. Also, the so-called ‘disguised extradition’ is used by states, when expelling a person in stead of extraditing him, but in fact accomplishing the same result. Despite such apparent failures in the procedure of obtaining an individual (‘male captus’), states maintain that the individuals can nevertheless be legitimately tried (‘bene judicatus’). According to the author, these practices are incompatible with certain general principles of international law.
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Mujuzi, Jamil Ddamulira. "Extradition Between European and African Countries: Overcoming the Challenges." European Criminal Law Review 11, no. 3 (2021): 288–319. http://dx.doi.org/10.5771/2193-5505-2021-3-288.
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Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.
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Maffei, Stefano. "The Decision on the Surrender/Extradition of Own Nationals, EU-Citizens and Persons Residing in the Executing State." European Criminal Law Review 12, no. 1 (2022): 53–65. http://dx.doi.org/10.5771/2193-5505-2022-1-53.
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The present report was drafted for the IV Working Group that was engaged on the very current topic of the decision on the surrender/extradition to third (non-EU) States of own nationals, EU citizens and persons residing in the execution State. This report covers a few preliminary matters to introduce the topic of nationality bars in extradition law and sets out the newly born and rather unique concept of a ‘EU nationality’ bar in case of outward extradition. A number of theoretical and practical considerations are then offered to expose the strengths and weaknesses of the ground-breaking Petruhhin scheme. A number of recent developments in EU law in case of outward extraditions are also briefly reviewed. The discussions and results of the activities of the IV Working group are reported in a separate paper.
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Bakhtiar, Masdar, and Awaluddin Kadriah. "KONFLIK NORMA ANTARA ISNTRUMEN EKSTRADISI DAN INSTRUMENT DEPORTASI DALAM HAL PENEGAKAN HUKUM DI INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 5, no. 2 (February 4, 2022): 1–8. http://dx.doi.org/10.52617/jikk.v5i2.305.
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Abstract
The extensibility of law enforcement, in the international arena, enters the modern worldview, which is influenced by the increasingly easy flow of human migration, causing many criminals to move to other countries to avoid punishment in the country where they committed the crime. So law enforcement requires that law enforcement be possible against crimes outside the territorial country where the crime occurred, or the return of the perpetrator to the country where the crime was committed by him. The formulation of the problem under study is how the conflict of norms between the extradition instrument and the deportation instrument in terms of law enforcement in Indonesia. The research method is normative research. The conclusion is that there is a conflict of norms between the extradition instrument and the deportation instrument in terms of law enforcement in Indonesia that in cases that should have been extraditioned but carried out deportation, English translation. so that it is inconsistent with the principle of Lex Superior derogat legi inferiori in terms of substanceThe Extradition Regulation is superior where in article 36 paragraph (2) of the Extradition Law the authority to carry out extradition is in the hands of the president, while in general immigration arrangements in the Immigration-Law including deportations are within the authority of the Minister. English translation. In the level of authority, of course, the authority of the President can be considered superior to the authority of the Minister.English translation.
Keywords: Norms, Conflagration, Extradition, Deportation,
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Abdullozoda, Parviz S. "Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 787–803. http://dx.doi.org/10.21638/spbu14.2022.313.
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The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.
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Alibašić, Mirsen. "The position of the defense counsel in extradition proceedings in the Republic of Serbia." Glasnik Advokatske komore Vojvodine 95, no. 2 (2023): 643–88. http://dx.doi.org/10.5937/gakv95-39449.
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Extradition or delivery of a person who is accused or convicted is a legal process that enables the conduct of criminal proceedings and the execution of criminal sanctions against them in another country. Given that the process of extraditing the accused or convicted is regulated by law, the question of the position of the defense counsel in this process arises. By applying the normative method in this paper, through the analysis of statutory provisions and provisions of international treaties, the position of the defense counsel in extradition proceedings in the Republic of Serbia has been systematically presented, that is, their rights, duties, and powers at every stage of these proceedings with a critical overview of certain legal solutions. Furthermore, international standards related to the role and activities of the Committee against Torture and the European Court of Human Rights regarding the regulation and implementation of extradition proceedings and the position of the defense counsel in these proceedings are presented.
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Gilbert, Geoff. "Extradition." International and Comparative Law Quarterly 42, no. 2 (April 1993): 442–48. http://dx.doi.org/10.1093/iclqaj/42.2.442.
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Cheban, V. I. "Refusal of extradition of persons subject to xtradition as a guarantee of the protection of human rights: problematic aspects." Uzhhorod National University Herald. Series: Law 3, no. 82 (June 10, 2024): 273–79. http://dx.doi.org/10.24144/2307-3322.2024.82.3.43.
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This article is devoted to the problematic aspects of the implementation of the extradition procedure when providing legal assistance. The author set a goal to investigate the main reasons for refusing to extradite a person in the context of ensuring human rights. The novelty elements are: it is substantiated that in modern conditions, under no circumstances should extradition violate human rights, which is determined by the anthropocentric vector of development of both domestic legal systems and international legal systems; it is proposed to distinguish between two types of extradition: interstate and international; the author proved that control over the observance of human rights by the extraditing state can include the following: the right to check the state of observance of human rights, the right to meet with the extradited person in order to find out his real situation, the right to demand a report from the requested state about the state of compliance with the rights of the extradited person, the right to demand the return of the extradited person in case of violation of his rights; a proposal was made to introduce at the level of the internal national legislation of states the extradition of all individuals, including their own citizens, who are suspected of committing international crimes or convicted of such crimes on the basis of a court verdict, which will contribute not only to making the situation impossible avoidance of the guilty from responsibility, but will also serve as a certain preventive measure. It is concluded that the extradition procedure is quite complicated, which may be accompanied by certain difficulties in practice, but this does not under any circumstances mean that the participants of such relations should level human rights.
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Ilchenko, O. V., and S. M. Senchenko. "Concepts and principles of extradition in criminal procedure law." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 232–37. http://dx.doi.org/10.24144/2788-6018.2021.03.43.
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The article examines the concepts and fundamental principles of extradition in criminal procedure law, reveals their essence and problems. Extradition is the extradition of a person to the State whose competent authorities are seeking him or her for prosecution or execution. But the European Convention on the Extradition of Offenders lacks the notion of "extradition" but instead uses the term "extradition", which some scholars see as synonymous, while others see in the term "extradition" a broader meaning. In general, it is necessary to mention the principles of extradition, which in the article there are seven, which is a complete list and their content is fully disclosed.
The article also evaluations the contradictions between the approaches of scientists to determine the essence of the concept of extradition, but they all have common features. In the scientific literature, extradition can be considered in a broad and narrow sense. In general, the definition of extradition by scientists is more meaningful than the definition used in the regulations of our state.
It should be noted that the procedural status of a person subject to extradition at the level of national legislation remains open and controversial, it is not perfectly defined and entails conflicts and inconsistencies in legal acts. Extradition relations are governed by various branches of law. which is described in detail in the article. It should also be added that the national legislation governing extradition relations needs to be supplemented and the existing contradictions eliminated in order to best implement the extradition process and high-quality international cooperation, as this is an integral part of the extradition institution.
It is noted that extradition is an important element in the fight against transnational crime and aims to reduce its level and in general contributes to improving international relations and quality cooperation between the signatory states of the European Convention on the Extradition of Offenders. Extradition relations are constantly evolving and improving, which best affects the quality of this process and eliminates negative phenomenal in its implementation.
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Antai,, Godswill Owoche. "An Appraisal of the Historical Development of the African Response to Extradition." NEWPORT INTERNATIONAL JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES 4, no. 3 (March 23, 2024): 27–35. http://dx.doi.org/10.59298/nijcrhss/2024/4.3.2735.
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The research work delves into the evolution of African countries' approach to extradition over the course of history. Extradition, the legal process of surrendering individuals accused of crimes to another jurisdiction, has undergone significant changes in Africa, influenced by regional cooperation efforts. The study provides an in-depth examination of the significant events in the development of extradition laws across the African continent. The impacts of World War II on extradition is also scrutinized, highlighting how political motivations sometimes influenced extradition decisions, leading to contentious cases and strained international relations. Additionally, the study examines how regional organisations such as the Economic Community of West African States (ECOWAS), the South African Development Commission (SADC), and also how African Union (A.U) in general work to promote integration and cooperation within the region on legal issues, including extradition. The work further analyses recent efforts to modernize extradition laws in some African countries, aligning them with international standards and practices. This has been facilitated by increased cooperation with international organizations, enhancing legal and operational capacities in extradition matters. This research study extensively analyses the historical development of the African response to extradition in Africa. It sheds light on the evolving approaches, challenges, and regional cooperation efforts concerning extradition practices on the continent. The findings contribute to a deeper understanding of how extradition has shaped and been shaped by Africa's legal, political, and social landscape throughout history. Keywords: AU, ECOWAS, Extradition, Cooperation, Crimes, SADC.
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(Leich), Marian Nash. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 91, no. 3 (July 1997): 493–517. http://dx.doi.org/10.2307/2954186.
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On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.
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Aripkah, Nur. "YURISDIKSI MENGADILI PELAKU PEMBAJAKAN PESAWAT UDARA BERDASARKAN PRINSIP MANDATORY EXTRADITION." Jurnal Ilmu Hukum 9, no. 2 (August 22, 2020): 267. http://dx.doi.org/10.30652/jih.v9i2.7907.
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Extradition is basically a form of international cooperation to arrest or hand over a fugitive, suspect, defendant or convict who escape to another country. Extradition is based on agreements between countries to deal with crime. Mandatory extradition in The Hague Convention 1970 of 1970 certainly caused another debate, which in general we know that extradition is an agreement made between countries, and sometimes a country also does not want to make an extradition treaty with another country. However, with this principle that the member countries of the convention without exception are required to conduct extradition of the perpetrators of aircraft hijacking. The research method used is normative with the statues approach and conceptual approach. In the research it was found that the 1970 The Hague Convention was likened to a multilateral extradition treaty for convention participating countries. The principle of mandatory extradition stipulates extradition to be an obligation that must be carried out by each participating country of the convention as a step to tackle and try airplane hijackers.
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Hopkins, John. "EXTRADITION—JURISDICTION." Cambridge Law Journal 61, no. 2 (June 24, 2002): 239–94. http://dx.doi.org/10.1017/s0008197302211605.
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Okta Setiawan, Komang. "LEGALITY OF THE EXTRADITION TREATY BETWEEN NATIONS ENGAGING COOPERATION IN RELATION WITH CRIME PREVENTION." Ganesha Law Review 2, no. 1 (May 5, 2020): 17–28. http://dx.doi.org/10.23887/glr.v2i1.113.
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International agreements can serve as the basis for determining the basis of cooperation between countries, one of the cooperation between the government of the Republic of Indonesia and other countries in the fight against transnational crime is the extradition treaty. The number of criminals who have fled abroad or otherwise make Indonesia held an extradition treaty with several countries. Issues raised is about setting Extradition treaty as well as the legality of the extradition treaty that made Indonesia against countries that do the same job and if the Indonesian state has not made an extradition treaty with that country are preventing the offender. Agreement is said to be valid when both countries approved the agreement by ratifying the agreement in the form of Law. Therefore, the International Agreement in the field of extradition is critical in the implementation of extradition requests, because through the extradition treaty is essentially required that the submission of the perpetrators of criminal acts based on the agreement made between the countries requesting and state required under Article 27 of the Vienna Convention requires that a request for extradition must be met,
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MacDougall, Bruce. "Extradition law." Criminal Law Forum 3, no. 1 (1992): 137–45. http://dx.doi.org/10.1007/bf01095762.
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Smolkova, Iraida. "Rendition or Extradition: Terminology Issue." Academic Law Journal 23, no. 4 (December 29, 2022): 435–42. http://dx.doi.org/10.17150/1819-0928.2022.23(4).435-442.
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The article addresses the terminological problem regarding the relationship between the terms “rendition” and “extradition”, draws attention to the rather contradictory development of legislation in this area, the ambiguous interpretation of these terms and their understanding in the legal literature. The author examines the history of the emergence of the term “extradition”, draws attention to the fact that in domestic legislative practice and scientific literature both in the pre-revolutionary and at present, the term “extradition” has not taken root, although it is used in some publications. The article criticizes the use in the legal literature of the phrases “extradition of a criminal” and “extradition of a person who has committed a crime” due to their contradiction to the principle of presumption of innocence. Taking into account the fact that in the first form of extradition – the extradition of a person for criminal prosecution, the issue of his guilt is not discussed, this issue is resolved by the law enforcement agencies of the state to which this person is extradited. The “extradition of a person who has committed a crime” can be discussed in a certain sense in the second form of extradition – extradition for the execution of a sentence, because in this case the person was found guilty by a court verdict that entered into legal force. In the theory of criminal proceedings, there were two diametrically opposite approaches to the issue of the concept and relationship of the terms “rendition” and “extradition”, the first consists in their fundamental difference, the second – in their synonymy. The author adheres to the second approach, makes arguments in his defense.
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Karpovich, V. E. "On the Issue of Approaches to Determining the Meaning of the Definition of the Institution of Extradition of Persons for Criminal Prosecution or Execution of a Sentence (Extradition)." Juridical science and practice 19, no. 2 (October 24, 2023): 93–101. http://dx.doi.org/10.25205/2542-0410-2023-19-2-93-101.
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This article is devoted to the analysis of the existing definitions of extradition of criminals (extradition) by representatives of the Russian legal doctrine. It is emphasized that the dominant position at present is the approach of the inter-sectoral nature of this institution. Meanwhile, it is noted that the national legal regulation of extradition acts as a fundamental and dominant element in the system of legal regulation of extradition. The article also consistently and reasonably puts forward the thesis that criminal procedure law is the primary basis for the institution of extradition.
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Terkelsen, Ole. "Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser." Nordisk Tidsskrift for Kriminalvidenskab 104, no. 3 (November 26, 2017): 289–317. http://dx.doi.org/10.7146/ntfk.v104i3.115051.
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This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.
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Christanto, Alvon. "MENGIDENTIFIKASI DAMPAK EKSTRADISI TERHADAP PEREKONOMIAN INDONESIA." Vol. 21 No 1 April 2020, no. 21 (July 14, 2020): 30–59. http://dx.doi.org/10.23969/litigasi.v21i1.2090.
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Extradition is one of the measures undertaken to demonstrate the ability of a country to optimize law enforcement upon the citizen committing criminal offense. Some issues in extradition discussed are (1) no arrangement(i) no arrangement regarding the deadline required to complete an extradition process, (ii) the extradition process in Indonesia has failed to reflect the government's intentionto optimizelaw enforcement measures. To note, optimal law enforcement activities will provide a state of political stability, prevent economic decline and or unstable circumstances, and the main objective is to maximize social welfare. The author usednormative juridical methods of research conducted by using the data and information contained in the legislation and literature. The conclusionwas drawndeductivelyusing coherentcriterium of truth. By dissectingthe rules on extradition of which is the basis of the promulgationof the extradition law, it is expected to createa regulation that prioritizes the welfare of the people of Indonesia. In addition, in conducting extradition, Government shouldbe stricts, but maintaininga good bargaining position beneficial forits side.
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Warbrick, Colin, and Colin Warbrick. "I. Recent Developments in UK Extradition Law." International and Comparative Law Quarterly 56, no. 1 (January 2007): 199–208. http://dx.doi.org/10.1093/iclq/lei157.
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In July 2006, three bankers, all UK nationals, were extradited to the United States on charges of conspiracy to defraud their one-time employers, a British bank, a subsidiary of Natwest. The conduct took place under the shadow of the ‘Enron’ affair. The defendants were said to have conspired with senior officials of Enron. Enron was the subject of the largest corporate bankruptcy in US history. In comparison the sums involved in the Enron collapse, those at stake in what the papers called the ‘Natwest Three’ case were small, but the involvement of persons implicated in the Enron affair made the defendants of interest to US prosecutors. The cases enjoyed an unusual public profile, partly because the extraditions took place under the unique legal regime which governs US-UK extradition,1 partly because this case was simply one of several cases in which persons charged with what one might loosely call economic crimes were sought by US prosecutors2 and partly because the defendants argued that their offences (which they denied) were allegations of what were ‘really’ English crimes which should have been proceeded with here. Although the extradition aspects have loomed largest, this last matter, possible conflicts of criminal jurisdiction, is the most interesting.
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Nuryani, Dwi. "REALIZATION OF EXTRADITION BASED ON UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE ROLE OF IMMIGRATION IN IMPLEMENTATION." Journal of Law and Border Protection 4, no. 1 (May 23, 2022): 57–66. http://dx.doi.org/10.52617/jlbp.v4i1.287.
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Extradition is a path taken by countries that want to return criminals to the locus delicti country. Extradition is carried out based on an extradition treaty bilaterally or multilaterally, if there is no agreement, extradition can be carried out on the basis of good relations and if the interests of the country so desire. There are several guiding principles in the implementation of extradition in Indonesia, which are contained in Law no. 1 of 1979 concerning extradition. In addition, Indonesia is also one of the countries that ratify UNCATOC which in article 16 regulates or discusses extradition. The Directorate General of Immigration is a government agency that has duties and functions in terms of traffic of people leaving or entering the territory of Indonesia, in the implementation of these duties and functions there are intersections or benefits in the implementation of extradition which can provide information on Indonesian citizens or foreigners in terms of traffic of people. entering and leaving the territory of Indonesia, providing assistance in the form of travel letters to suspected perpetrators of crimes, including them on the list of prevention and deterrence, coordinating with state representatives abroad or immigration attaches in the diplomatic process, and much more. There for immigration is an institution that has an important role in the implementation of extradition because it relates to other countries which are included in the duties, functions, and powers of immigration.
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Miano, Muhammad Ryan Ramadhani, and Rachminawati Rachminawati. "The Opportunity to Establish an Extradition Mechanism in the ASEAN." Jurnal Pertahanan: Media Informasi ttg Kajian & Strategi Pertahanan yang Mengedepankan Identity, Nasionalism & Integrity 9, no. 2 (August 31, 2023): 273. http://dx.doi.org/10.33172/jp.v9i2.5250.
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<p>Extradition is transporting a suspect or defendant to the nation where the crime was committed to be prosecuted and punished. Under international law, states are not required to enter into extradition agreements. There are impediments to the implementation of extradition, such as disparities in sovereignty principles and perspectives on offenses; in addition, this impediment exists at the regional ASEAN level, such as terrorism that can be extradited based on the UN Convention, even without an agreement, recognizing its impact on sovereignty. Therefore, the conclusion of an extradition agreement is crucial.<em> </em>Using normative research methodologies and legal perspectives, this study will explore the prospects and challenges in forging extradition agreements at the ASEAN regional level and compare them to the E.U. processes. The study's results indicate that there is still enormous potential for forming an ASEAN extradition treaty, which has made substantial progress with the 2018 provisional draught. Regional barriers and limits comparable to those encountered by ASEAN are anticipated. Therefore, an extradition convention will assist law enforcement and contribute to regional collaboration. With an extradition agreement, perpetrators can be punished by the proper state, and victims or society can be restored to justice.</p>
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Khobbi, Yuliya. "EXTRADITION AS A CRIMINAL LAW INSTITUTION: PROBLEMS OF DEFINITION AND APPLICATION." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 159–64. http://dx.doi.org/10.32366/2709-9261-2021-1-1-159-164.
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The article considers topical issues of definition and implementation of the institution of extradition in the criminal law of Ukraine. There is a view that extradition should be understood only as the institution of extradition of offenders, and the transfer of convicts to serve their sentences is an independent institution of criminal law. In our opinion, this statement cannot be accepted, as it concerns an identical procedure, the systemic material and legal feature of which is its security focus on the realization of individual criminal responsibility, and this view is supported by lexical analysis of terminological concepts "extradition" and «transfer». as identical in factual content. It is noted that the obligatory legal condition for extradition (as well as transfer) is a valid international agreement, the parties to which must be Ukraine and the state requesting the extradition of the person. It is proved that the institution of extradition has a complex interdisciplinary nature, because it arises at the crossroads of constitutional law, criminal law, criminal procedure and international law. It allows to define it as a comprehensive legal procedure for transferring a person to another state to implement the principle of inevitability of criminal liability, regardless of the place of temporary actual stay. It is shown that the main task of the institute of extradition is to ensure the inevitability of bringing a person guilty of a crime to criminal responsibility, which allows to determine the fundamental basis and essence of this institution as a criminal law. It is emphasized that the institution of extradition is complex, combining the extradition of persons suspected of committing a crime and persons convicted of a crime, and both cases of its application have a common purpose – to ensure that the person guilty of the crime is prosecuted.
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Nkhata, Mwiza Jo. "The Malawi-Rwanda Extradition Treaty of February 2017: An Arrangement of Convenience or a Convenience of Arrangement?" International Criminal Law Review 17, no. 5 (October 15, 2017): 844–78. http://dx.doi.org/10.1163/15718123-01751359.
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In February 2017, Malawi and Rwanda entered into a bilateral extradition treaty (the Treaty). The Treaty solemnizes the agreement between Malawi and Rwanda for the reciprocal extradition of offenders. While the Treaty looks akin to many generic bilateral extradition treaties, close scrutiny reveals that there are several key issues that the drafters may have overlooked or paid insufficient attention to. This article is an evaluation of some of the issues that the Treaty raises. The article begins by establishing the broad historical and social context within which the Treaty must be understood. Thereafter the article explores extradition in international law paying particular focus to highlight the key elements of extradition. A summary of the Treaty is then provided together with a discussion of the Malawian law pertaining to extradition. The article concludes by highlighting some of the key issues which the Treaty has not addressed satisfactorily.
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Kholisoh, Bajang Barokhatul, and Suswoto. "EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL)." Kajian Hukum 7, no. 1 (May 20, 2022): 1–15. http://dx.doi.org/10.37159/kh.v7i1.3.
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Interpol is an organization formed to coordinate cooperation between police in countries around the world. Advances in technology, information, and communication have increased the intensity of transnational crime. The extradition treaty has an important role in preventing and overcoming perpetrators of international crimes, especially perpetrators of corruption who fled from Indonesia to other countries, whether they are still suspects, defendants, or convicts. The formulation of the problem in this study is how the role of the Police in the practice of carrying out the extradition of perpetrators of corruption, legal arrangements in the execution of extradition of perpetrators of corruption committed by the Police based on the Constitution of the ICPO-Interpol, and what factors hinder the Police in carrying out international cooperation in the field of extradition. The result of the discussion of the problems that arise in this research is an international cooperation agreement that has been ratified by the two countries, in which the Indonesian Police submitted a request for extradition as a requesting state to the requested state against the fleeing corruption perpetrator. The state government is requested to process the extradition request accompanied by authentic evidence of the complete identity of the perpetrator. The process of carrying out extradition was hampered due to several factors, one of which was the absence of an extradition agreement by the Government of Indonesia with the government of the requested country, where the perpetrators of corruption fled so that the implementation of extradition was hampered or perhaps even rejected by the requested country.
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Kolosovich, Oksana S. "LEGAL REGULATION OF EXTRADITION IN RUSSIA: THE INTERPLAY BETWEEN INTERNATIONAL AND NATIONAL PROVISIONS." Vestnik of Immanuel Kant Baltic Federal University Series Humanities and social science, no. 1 (2024): 22–30. http://dx.doi.org/10.5922/sikbfu-2024-1-2.
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This article analyses the theoretical provisions of international acts and domestic legislation regulating extradition and explores the interplay between international and national legal frameworks for extradition, focusing on a mechanism for safeguarding national interests within international treaties on extradition. The study follows the general research principle of objectivity, using, in particular, the formal legal method, abstraction, generalisation and general logical methods. The investigation of mechanisms for defending national interests when applying extradition norms made it possible to identify specific regulation problems. Factors hindering more effective implementation of the said provisions include their complexity, multi-level nature, insufficient legal regulation, the lack of bilateral treaties and the influence of national political dynamics on the implementation of international obligations. Analysing relevant legal norms and research perspectives leads to several conclusions. Firstly, there exists a fairly effective mechanism for safeguarding the national interests of countries party to multilateral international extradition treaties. Secondly, national legislation and regional or bilateral treaties can establish extradition conditions and procedures different from those outlined in universal international treaties for the sake of national interests. Thirdly, there is a need for improvement in the legal regulation of individual stages of the extradition procedure. These findings may be utilised in further research on extradition as a type of international cooperation in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the key to a firm theoretical grasp of this institution and a common understanding of the legal phenomenon in research and law enforcement practice.
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Bello, Judith Hippler, and Jacques Semmelman. "Extradition statute—constitutional law—separation of powers—injunction against U.S. Government— class action: Lobue v. Christopher. 893 F.Supp. 65." American Journal of International Law 90, no. 1 (January 1996): 102–5. http://dx.doi.org/10.2307/2203757.
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U.S. District Court, D.C., August 31, 1995; modified September 15, 1995.This action involved a constitutional challenge to the 147-year-old extradition statute, 18 U.S.C. §3184, on die ground that it violates the separation of powers. Plaintiffs were two individuals who had been found extraditable to Canada, pursuant to the extradition treaty between die United States and Canada, by a U.S. magistrate judge in the Northern District of Illinois. They brought an action in the District of Columbia against the Secretary of State, the Department of State, and the United States for a judgment declaring the extradition statute unconstitutional, and an injunction against their extradition. Plaintiffs also sought certification of a class consisting of persons who are or will be under threat of extradition from the United States pursuant to the statute, and an injunction against any such extradition. The court held (per Lamberth, J.) that (1) the extradition statute violates the separation of powers and is therefore unconstitutional; (2) the United States is enjoined from taking any further act toward the surrender of the plaintiffs to Canada; and (3) the proposed class is certified, and the United States is enjoined from surrendering anyone under the statute.
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Rafay Bukhari, Syed Wajdan, and Dr Aamir Abbas. "Extradition Law and Procedure in Pakistan: An Appraisal of the Extradition Act 1972." Journal of Law & Social Studies 3, no. 1 (June 30, 2021): 11–18. http://dx.doi.org/10.52279/jlss.03.01.1118.
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This article analyses the law and procedure of extradition in Pakistan with special reference to Extradition Act 1972. Extradition is a surrender of an accused or convicted person from one state to other state on its request. It is also considered as a system by which one state delivers an accused person to another state on her demand. Moreover, extradition is also used as a tool and considered to be one of the stages to secure international criminal justice system. Furthermore, the focus of the study is to discuss the interpretation of Extradition Act 1972 by the superior courts in their decisions. This study reveals that there are some lacunas in Extradition Act 1972 i.e., there is no provision which safeguards the fugitive offenders from cruel, torture and other inhumane treatment in the requesting state, it does not guarantee the fair trial of the offender in demanding state, additionally, this Act does not provide any right of appeal against the order of surrender. Resultantly, this paper finds that Extradition Act 1972 provide less safeguard to the fugitive offender and did not guarantee the fair trial in the requesting state.
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Zheng, Zhichao, and Yihan Lu. "Research on International Police Cooperation from the Perspective of Game Theory — Take Extradition Cooperation as an Example." Journal of Research in Social Science and Humanities 3, no. 4 (April 2024): 55–60. http://dx.doi.org/10.56397/jrssh.2024.04.10.
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The article analyzes extradition cooperation in international police cooperation from the perspective of game theory, and discusses the supervision mechanism, responsibility mechanism and interest mechanism of extradition cooperation based on “collaborative game”, “coordination game” and “guarantee game”. It proposed optimization paths such as accelerating the signing of treaties, expanding the scope of application, simplifying extradition procedures, using alternative measures, and relying on international organizations, in order to help my country improve its extradition mechanism and strengthen the effectiveness of overseas pursuit of fugitives.
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Poshtdarbandi, Mohammadreza Moradi. "The Extradition, between Iran Rights and International Rights, According to Palermo Convention." Asian Social Science 12, no. 12 (October 28, 2016): 101. http://dx.doi.org/10.5539/ass.v12n12p101.
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Extradition is a process which requires international judicial cooperation and its successful implementation will be the guarantor of justice and prevent impunity and escape the Probable criminals and suspects to countries far away from the crime scene. In the last two centuries globally in many countries have enacted expanded domestic law in the area of extradition to many extradition treaties and international conventions in this field has joined. Palermo Convention, including the most recent documents that contain comprehensive provisions on extradition and numerous countries has come to join in. In Iran in 1960 Legislator comprehensive and modern law in the area of extradition imposed And many international laws in this area has been invoked and respected. So, we gathered to view the article Ferraro circuit analysis on the world of law and the Palermo Convention and international law in the field of extradition elaborated on. The present article deals with these issues on two separate levels.
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Zuev, V. V. "Ensuring the extradition of a person in the presence of "diplomatic barriers" as a special procedure for criminal proceedings." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 328–31. http://dx.doi.org/10.24144/2788-6018.2022.01.58.
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The article examines the current practical obstacles to the extradition of persons (extradition) in cases of diplomatic or political conflicts. It is stated that there are no effective mechanisms for carrying out the tasks of criminal proceedings and legal regulation of activities in cases when the person who committed the crime and is subject to extradition is in a state that has uncontrolled territories, or when the person who committed the crime is subject to extradition under the extradition procedure, is in a state with which diplomatic relations have been terminated or completely terminated. International acts do not contain any guidelines for the algorithm of actions of states in resolving the issue of extradition of a person under such conditions. The case law of the European Court of Human Rights is analyzed, which provides an idea of the basic principles of activity in the presence of similar problems, the solution of which is a mandatory guideline for states to consider extradition in the presence of any diplomatic obstacles. This includes the existence of positive procedural commitments to conduct an effective investigation of the crime, the obligation to cooperate, including through informal practices. The article concludes that the extradition of a person (extradition) in the presence of the described "diplomatic barriers" is possible only in the case of the creation and development of appropriate international legal procedures, which may be one of the special procedures of criminal proceedings. It would be positive to establish a working group on the international platform to determine the minimum requirements that ensure proper legal procedure, the minimum algorithm and a list of participants (independent third party) who can help in such situations.
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Warbrick, Colin, Dominic McGoldrick, Mark Mackarel, and Susan Nash. "I. Extradition and the European Union." International and Comparative Law Quarterly 46, no. 4 (October 1997): 948–57. http://dx.doi.org/10.1017/s0020589300061297.
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To assist effective legal co-operation in combating criminal activity, the Justice and Home Affairs Council of the European Union has recently concluded two new conventions to simplify and improve extradition procedures between member States of the European Union. In doing so, the Council set in motion a process whereby existing arrangements for extradition were examined with a view to making them more flexible. In 1995 the Council recommended that the convention on simplified extradition be adopted in order to fulfil the aim of efficiency in the field of criminal justice. Its aim was to speed up extradition in cases where persons consented to be extradited. However, after further discussion concerning other aspects of extradition the Council eventually recommended that member States adopt far more radical procedures. The 1996 convention relating to “involuntary” extradition between member States appears to bypass several procedures designed to offer a degree of protection for the fugitive offender. Traditionally, extradition procedures have sought to offer a balance between judicial co-operation in the fight against crime and protecting the fundamental rights of the individual, and these concerns are acknowledged within the preambles to both the new EU conventions. However, the new conventions make several alterations to what can be regarded as established extradition procedures. In this article we examine these new procedures and consider whether the balance has shifted too far in favour of law enforcement at the expense of fundamental legal protections.
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Putra, Irwan Sapta, and Yunawati Karlina. "PERJANJIAN EKSTRADISI ANTARA INDONESIA DENGAN SINGAPURA DI TINJAU DARI HUKUM PIDANA." Jurnal Res Justitia: Jurnal Ilmu Hukum 2, no. 2 (July 13, 2022): 321–31. http://dx.doi.org/10.46306/rj.v2i2.44.
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The number of perpetrators of criminal acts in Indonesia who fled to other countries, especially to Singapore to avoid the entanglement of criminal law resulted in obstacles for Indonesian law enforcement officers to enforce the law against the perpetrators of these crimes. This study is to find out 1. What is the impact of the extradition treaty between Indonesia and Singapore on the perpetrators of criminal acts 2? To find out the contents of the extradition treaty between Indonesia and Singapore. This research method is normative legal research, where the author collects reading materials from books, magazine articles both printed and online, seminar papers, on extradition and legislation in the field of criminal law related to extradition. The nature of this research is descriptive, analyzes and examines, explains the extradition treaty between Indonesia and Singapore in terms of criminal law. Sources of data in this study using primary, secondary and tertiary data sources. Research Results a. The impact of the extradition agreement between Indonesia and Singapore on criminals is that it can narrow the space for criminals in Indonesia to escape. The reason is, Indonesia already has agreements with partner countries in the region including Malaysia, Thailand, the Philippines, Vietnam, Australia, the Republic of Korea, the People's Republic of China, and Hong Kong SAR, and also the perpetrators of criminal acts who fled to Singapore can be extradited to Indonesia by the government. Singapore following a request for extradition by the Indonesian government. b. The contents of the extradition agreement between Indonesia and Singapore according to this Extradition Agreement amount to 31 types, including criminal acts of corruption, money laundering, bribery, banking, narcotics, terrorism, and financing activities related to terrorism. Suggestion With the extradition agreement between Indonesia and Singapore which was signed on Tuesday, January 25, 2022 in the Bintan archipelago, which was attended by the president of Indonesia and the prime minister of Singapore, represented by the Indonesian minister of law and human rights, to follow up on this so that the DPR RI immediately ratify the extradition treaty by immediately ratifying it as a law so that it can be put into effect immediately
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Kiani, Zeynab, and Zeynab Purkhaghan. "Deportation and Extradition from an International Perspective." Journal of Politics and Law 10, no. 1 (December 29, 2016): 197. http://dx.doi.org/10.5539/jpl.v10n1p197.
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Deportation and extradition have been one of the long-standing issues in international law. After proposing new human rights' issues in the development of international law and human role in international relations, sometimes the question of deportation and extradition is in conflict with European human rights concept. It should distinguish between extradition with similar concepts such as delivery, transfer and dismissal. The extradition is the process that reflects the country's international collaboration and cooperation in the implementation of more stringent standards of criminal justice. Its successful implementation requires the cooperation of different countries in extradition with no political and security excuses. European Court of Human Rights as a judicial organ of the European Convention on Human Rights has issued sentences in its practice regarding some of these conflicts. Researcher with knowledge of neglecting the debate in the Iranian legal system, insists to evaluate the performance of the Human Rights Committee and the European Court of Human Rights in relation to deportation and extradition and procedure that the European Court has dealt using analytical methods to review the extradition from different angles and it is hoped that open a step for progress in Iran's penal policy and the legal in the international arena.
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Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.
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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.
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Julié, William, Sophie Menegon, and Juliette Fauvarque. "From a political to a judicial approach to extradition: A case for the consolidation of the requesting State’s rights in domestic extradition procedures." New Journal of European Criminal Law 12, no. 3 (August 9, 2021): 464–75. http://dx.doi.org/10.1177/20322844211026378.
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This article purports to analyze the role conferred to the requesting State in domestic extradition procedures. Despite the existence of a judicial control over extradition, the majority of States included in this study continue to view extradition as a political prerogative of the executive and leave the requesting State with little or no means to defend its request. This article argues in favor of the consolidation of the role of judicial authorities in the determination of extradition requests, along with a reinforcement of the requesting State’s ability to participate in this process.
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Rasyid, Sulaiman, and Joko Setiyono. "Extradition Arrangements in Efforts to Eradicate Corruption Crimes in Indonesia." Jurnal Dinamika Hukum 21, no. 2 (March 30, 2022): 301. http://dx.doi.org/10.20884/1.jdh.2021.21.2.3154.
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Corruption is a serious threat to the stability and security of the state and the international community and has weakened institutions, democratic values and justice. This article discusses extradition arrangements in Indonesian law and discusses efforts to eradicate corruption through extradition agreements. In conducting this research, this research uses a literature study research method. The results of this study are extradition can be carried out based on an agreement and if there is no agreement between the two countries, then extradition can be carried out on the basis of good relations between countries. If there is no previous extradition treaty between the requesting country and the requested country, the requesting country can request arrest through INTERPOL. In terms of returning assets resulting from corruption, there is a Mutual Legal Assistance in Criminal Matters (MLA) mechanism that can be applied this is because corruption is considered a serious crime and this crime is transnational in nature so it requires cooperation between countries to eradicate it.Keywords: extradition; corruption; serious crimes; law enforcement
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Setiyono, Joko, and Eddy Pratomo. "Breaking Boundaries." Via Inveniendi Et Iudicandi 18, no. 2 (June 15, 2023): 72–94. http://dx.doi.org/10.15332/19090528.9731.
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This thought-provoking paper explores the intriguing issue of Indonesia’s limited geographical jurisdiction concerning extradition treaty implementation. Extradition, the process of returning fugitives to face justice, is frequently impeded by complex legal obstacles stemming from a country’s membership in the United Nations and commitment to human rights principles and values. Due to their legal jurisdiction or concerns regarding human rights violations, many nations are not obligated to deliver over suspects, posing a unique difficulty for Indonesia. Nevertheless, there is optimism. International cooperation and the development of extradition agreements can serve as a road map for nations seeking to enhance their extradition practices. Countries can negotiate multilateral or regional agreements that satisfy the concerns and interests of all parties by comprehending the complexities of the extradition process, such as the list of extraditable offences and customary international law. Our paper suggests that nations investigate legal models and extradition treaties that offer viable solutions for overcoming these obstacles. By collaborating and sharing information, we can surmount obstacles to justice and ensure that fugitives face the consequences of their actions, regardless of where they hide.
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Leiper, Richard. "Extradition and Reasonableness." Judicial Review 4, no. 4 (December 1999): 244–47. http://dx.doi.org/10.1080/10854681.1999.11427086.
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Driver. "Stop This Extradition." Socialist Lawyer, no. 84 (2020): 28. http://dx.doi.org/10.13169/socialistlawyer.84.0028.
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Warbrick, Colin. "Anglo-Irish Extradition." Journal of Criminal Law 52, no. 4 (November 1988): 414–24. http://dx.doi.org/10.1177/002201838805200407.
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Currie, Robert J. "Wrongful Extradition: Reforming the Committal Phase of Canada’s Extradition Law." Manitoba Law Journal 44, no. 6 (January 15, 2022): 1–47. http://dx.doi.org/10.29173/mlj1296.
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There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to this unfairness. It also argues that regardless of the Act’s constitutionality, in light of Diab and other disturbing cases, the time is ripe for law reform to ensure that extradition proceedings are carried out in a way that is consistent with Canadian public policy. Some suggestions for reform are made, as well as a proposal for a serious Parliamentary effort.
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Nantawaroprai, Dolnapa. "The Extradition Measures under International Agreements in the Ineffectiveness of the Relevant Internal Law for the Enforcement of Detention of Suspects." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1358–63. http://dx.doi.org/10.17762/pae.v58i1.912.
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Extradition is an international process which states expect to achieve the goal an accused brought to justice in territory of a requesting state where such person has committed a crime. However, there are a number of factors affecting extradition and causing it to be ineffective, such as diplomacy, politics, and so on. Therefore, states should seriously cooperate in the extradition with sincerity.
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Aruasa, Ivy. "Clash of Titans: Streamlining the Complementary Roles of the DPP and the AG in Kenya’s Extradition Procedure." Strathmore Law Review 7, no. 1 (October 13, 2022): 185–209. http://dx.doi.org/10.52907/slr.v7i1.196.
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Extradition encompasses both the administrative bodies and the judicial bodies. The Extradition (Contiguous and Foreign Countries) Act requires that an authority to proceed is issued once the Attorney General receives the extradition request. This is different from what is contained under the 2010 Constitution. Currently, the 2010 Constitution mandates the Director of Public Prosecutions to institute criminal proceedings as opposed to the Repealed Constitution which conferred it on the Attorney General. Hence, courts have interpreted the authority to proceed in extradition to fall within different ambits. For example, in the 2015 case of Samuel Gichuru v Attorney General, the High Court held that this authority fell under the Office of the Director of Public Prosecutions. This was overturned in the 2018 Court of Appeal case, Chrysanthus Okemo v Attorney General, where the authority was to be granted by the Attorney General. However, the Supreme Court in Director of Public Prosecutions v Chrysanthus Okemo (2021) upheld the High Court’s decision. Therefore, this paper sets out to determine and streamline the nature of extradition in Kenya, given that there exist overlapping mandates and lacunae that the law needs to address for a uniform practice of extradition in Kenya.
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Rahmiati, Rahmiati, Rahmad Sujud Hidayat, Mohamad Safrin, and Juandi Juandi. "Implication Extradisi, Mutual Legal Assistance (UNODC) Dikaitkan Teori Pidana, Perjanjian Internasional." Wajah Hukum 7, no. 1 (April 5, 2023): 141. http://dx.doi.org/10.33087/wjh.v7i1.1192.
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Extradition agreements based on the international resolution A/RES/45/166 68th Plenary meeting on 14 December 1990 in conjunction with A/RES/52/88 70th Plenary meeting on December 12, 1997 for making extradition treaties and mutual legal assistance internationally.This propose the problem identification as follows: 1. What are the important articles suggested in the extradition treaty and mutual legal assistance related to criminal theory and international treaties. 2. How is the application and implementation of the extradition and mutual legal assistance based on the national and regional especially In Indonesia.This research conducted is analytical descriptive. Here is the research results, as follows: 1.) Important articles suggested in the extradition treaty are the principle of nebis in idem, the principle of multiple crimes and the diplomatic principle and the mutual legal assistance is the principle of agreement, the principle of reciprocity, the principle of equality of crimes, the principle of territoriality and the principle of surrendering the perpetrators of political crimes. 2) The implementation of extradition treaty model and the mutual legal assistance from the national and regional legal aspects. Based on the regional aspect, Indonesia is the most active country in realizing a cooperation within an agreement.
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Brodowski, Lidia. "Ustrojowy charakter prawa łaski i amnestii w kontekście instytucji ekstradycji." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 75–89. http://dx.doi.org/10.15804/ppk.2023.03.06.
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The article addresses the issue of the concept, scope and systemic character of pardon and amnesty in correlation with the institution of extradition. It presents the divergent positions of the doctrine regarding the interpretation of the nature of the title measures and possible ways of recognizing the status of a person who has been pardoned or amnestied, and at the same time the request for extradition applies, by international agreements regulating extradition transactions. The aim of the article is to analyze the legal conditions of pardon and amnesty in comparison with binding standards in the field of extradition, both those that qualify the impediment to pardon and amnesty as an obligatory extradition impediment, and those that do not give it the indicated character. As part of the work, research methods traditionally applied in legal sciences were used, the formal-dogmatic method, the comparative method and the historical-legal method.
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Schreuder, Willemijn. "International legal measures against terrorism." Leiden Journal of International Law 1, no. 1 (May 1988): 51–63. http://dx.doi.org/10.1017/s0922156500000674.
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In the international combat against terrorism, several legal instruments are considered. The author starts with a review of the various conventions and resolutions concerning terrorism. Despite all efforts, however, the international community has not been able to adopt a satisfactory definition of terrorism. Consequently, the extradition of terrorists still appears to be the most effective instrument available. The author discusses the conditions that must be fulfilled before extradition is granted, the grounds on which a state can assume jurisdiction over individuals, as well as specific reasons to refuse a request for extradition. Among these exceptions to extradition, the principle that political offenders will not be extradited plays an important role.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 1, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.2016.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 31, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Turkina, Anastasia. "Extradition of European Union Citizens anywhere except the Russian Federation: The Case of I.N." Białostockie Studia Prawnicze 26, no. 1 (March 1, 2021): 131–40. http://dx.doi.org/10.15290/bsp.2021.26.01.10.
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Abstract In its recent practice, the Court of Justice of the European Union has held that European Free Trade Association (EFTA) nationals enjoy the same level of protection against extradition to a third state as EU citizens. This article analyses the reasoning of the Court and establishes a link with previous decisions on extradition matters. The author concludes that the test for extradition is still forming and its application lacks clarity and consistency.