Extradition: How Fugitives Face Justice Across Borders

Extradition Question asked in LLB 1ST SEMESTER, Public International Law Unit-4 University of Lucknow. 

Explain extradition, what are the essential conditions of extradition? whether extradition of political offenders possible?

Introduction:

Remember those thrilling movies where fugitives jet-set across borders? While real-life extradition isn’t quite so dramatic, it remains a crucial legal tool in bringing criminals to justice, no matter where they flee. In India, for instance, the recent cases of Nirav Modi and Vijay Mallya highlight the complexities and challenges of this process.

“Extradition is the delivery of an accused to the state where he has committed the crime by the state where he has escape presently.”

Explanation of Extradition:

Extradition is the formal process by which one state surrenders an individual accused or convicted of a crime to another state for prosecution or punishment. This transfer of custody occurs through a legal request based on treaties and domestic laws. While the specific procedures vary, generally, the requesting state must present evidence proving the crime and meet the legal criteria for extradition, which often excludes political offenses and considers the individual’s fundamental rights.

Case Study Analysis: The Nirav Modi and Vijay Mallya cases

Source Business Standard

Exemplify the intricacies of extradition. Modi, accused of a billion-dollar bank fraud, fled to the UK, where his extradition proceedings continue due to legal appeals. Similarly, Mallya’s case involved years of legal battles before his extradition was ordered, though his return remains pending. These cases highlight the importance of robust legal frameworks and cooperation between countries to ensure effective extradition and prevent safe havens for fugitives.

Now after the basic understanding of Extradition, we move forward toward the answer to the Question asked in the beginning : 

Extradition is derived from the two Latin words Ex and Traditum which means delivery of criminals or surrenders of criminals.

Definition of Extradition :

According to Prof. Oppenheim, Extradition is the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed or to have been convicted of a crime, by the state on whose territory the alleged criminal happens to be for the time being.”

According to Starke, The term #Extradition denotes the process whereby under treaty or upon a basis of reciprocity one state surrenders to another state at its request a person accused of a criminal offense committed against the law of the requesting state, such requesting state being competent to try the alleged offender.

According to Grotious, It is the duty of each state either to punish the criminals or to return them to the states where they have committed crimes.

PURPOSE OF EXTRADITION

Extradition isn’t just a legal process; it’s a powerful tool for deterring crime, upholding justice, and fostering international cooperation. Here’s why:

• warning to the criminals that they cannot escape punishment by running away to another state. It Warning to Criminals: No border is a safe haven. Extradition sends a clear message to criminals: flee across borders, but justice will follow. This disincentive effect discourages cross-border crime and protects communities worldwide.
• Reciprocity & Mutual Benefit: #Extradition operates on a principle of reciprocity. Today’s requesting state may become tomorrow’s requested state. This fosters cooperation and ensures all nations have access to this crucial tool for upholding the rule of law.
• Easier Evidence & Fair Trials: When a crime occurs in one state and the suspect flees to another, gathering evidence and ensuring a fair trial becomes challenging. Extradition simplifies this process, ensuring the state with the best evidence and jurisdiction can administer justice.
• Protecting Territorial Sovereignty: Every state has a right to protect its citizens and enforce its laws. By surrendering criminals, extradition respects this sovereignty and prevents safe havens for fugitives who threaten societal security.
• International Cooperation & Problem-Solving: #Extradition plays a vital role in international cooperation against crime and other global challenges. By facilitating the transfer of criminals and evidence, it promotes joint efforts to solve transnational issues and maintain peace and stability.

“Political Offenses Exception” in Extradition Law:

The political offenses exception is a crucial principle in extradition law, safeguarding individuals engaged in legitimate political activities from being surrendered to foreign governments. This historical concept, born from the French Revolution’s ideals of protecting dissent, recognizes that certain acts committed for political objectives may not be considered ordinary crimes.

Landmark Case Studies:

• Re Castioni’s case (1891): A Swiss revolutionary sought refuge in England after killing a city mayor to incite political upheaval. The English court, recognizing the act’s political nature, denied Switzerland’s extradition request, upholding the right of legitimate political dissent.
• Re Meunier’s case (1894): An anarchist who bombed a public place in Paris, killing a political leader, fled to England. Despite the political context of the act, the English court deemed it a criminal offense, not a political one and ordered the fugitive’s extradition back to France.

These contrasting cases highlight the nuanced application of the political offenses exception. While it protects genuine activism, it also faces challenges in preventing its misuse as a shield for fugitives accused of serious crimes.

Condition of extradition:

PRINCIPLES

Let’s explore four of the most important principles:

1. Principle of Reciprocity:

Think of it as a “scratch my back, I’ll scratch yours” approach. This principle ensures that countries cooperate with each other on extradition requests, knowing that they can rely on the same courtesy in the future. It fosters trust and strengthens international cooperation in combating crime.

2. Principle of Double Criminality:

This principle ensures that an act only qualifies for extradition if it’s considered a crime in both the requesting and the requested country. This prevents extraditions for actions that are legal in one country but not the other, safeguarding individuals from unfair prosecution.

3. Principle of Double Jeopardy:

No one should be tried twice for the same crime. This principle prevents extraditions for individuals who have already been tried and sentenced for the offense in either the requesting or the requested country. It upholds the right to a fair trial and protects against double punishment. Except for the expired period of punishment, no offender tried and convicted once may be extradited for the same offense.

4. Principle of Speciality:

Once an individual is extradited, they can only be tried or punished for the specific crime(s) for which they were extradited. This prevents the requesting state from using the extradition process to prosecute the individual for other offenses they may have committed.

Prerequisites for Extradition

Extraditable Persons :

Not everyone is subject to extradition. Three main categories of individuals are typically excluded:

• Nationals: Most countries prioritize their own sovereignty and generally refuse to extradite their own citizens, even for crimes committed abroad.
• Political Offenders: To protect individuals from persecution based on political beliefs, many nations refuse to extradite those accused of purely political offenses.
• Previously Punished: The principle of “double jeopardy” prevents individuals from being tried or punished twice for the same crime. Therefore, those already convicted or sentenced for the requested offense are typically not extradited.

Extraditable Crime:

The specific crimes eligible for extradition are determined by the principle of double criminality. This means the alleged act must be considered a crime in both the requesting and receiving countries. Additionally, certain types of offenses are often excluded from extradition treaties due to their specific nature or potential for political interference, such as:

• Religious Offenses: Crimes related to religious beliefs or practices are generally not extraditable.
• Military Offenses: Desertion, refusing orders, or other purely military offenses typically fall outside the scope of extradition.

Conclusion:

Extradition is a powerful tool for upholding justice and ensuring no criminal escapes the long arm of the law. While complexities and challenges exist, international cooperation and a commitment to due process pave the way for a safer world where borders don’t shield criminals from facing the consequences of their actions