45:
524:
article is useful as it provide for a prohibition to extradition, the threshold required to meet this prohibition is high. Article 8 does explicitly provide that this right is subject to limits in the interests of national security and public safety, so these limits must be weighed in a balancing of priority against this right. Cases where extradition is sought usually involve serious crimes so while these limits are often justified there have been cases where extradition could not be justified in light of the individual's family life. Cases to date have mostly involved dependant children where the extradition would be counter to the best interests of this child. In the case of
269:, do not allow for extradition of their own citizens in their constitutions. Some others stipulate such prohibition on extradition agreements rather than their laws. 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, often being perceived as doing so to avoid prosecution. These countries, however, make their criminal laws applicable to citizens abroad, and they try citizens suspected of crimes committed abroad under their own laws. Such suspects are typically prosecuted as if the crime had occurred within the country's borders.
725:
355:
be specifically incorporated in bilateral treaties. Such bars can be invoked in relation to the treatment of the individual in the receiving country, including their trial and sentence. These bars may also extend to take account of the effect on family of the individual if extradition proceeds. Therefore, human rights recognised by international and regional agreements may be the basis for denying extradition requests. However, cases where extradition is denied should be treated as independent exceptions and will only occur in exceptional circumstances.
570:
alleged offences occurred, health of the individual, prison conditions in the requesting state and likelihood of conviction among other considerations. Yet exactly how the standards provided for in ICCPR are incorporated or recognised by domestic courts and decision makers is still unclear although it seems that these standards can at a minimum be used to inform the notions of such decision makers. If it is found that fair trial standards will not be satisfied in the requesting country this may be a sufficient bar to extradition.
736:
778:
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.
587:
an individual is part of the extradition process and is the reason for these exceptions and the importance that human rights are observed in the extradition process. Therefore, human rights protected by international and regional agreements may be the basis for denying extradition requests, but only as independent exceptions. While human rights concerns can add to the complexity of extradition cases it is positive as it adds to the legitimacy and institutionalisation of the extradition system.
431:, the "inherent right to life" and whether this right prohibited Canada from extraditing the individual to the United States where he faced the death penalty. The Committee decided that there was nothing contained in the terms of Article 6 which required Canada to seek assurance that the individual would not face the death penalty if extradited. However, the Committee noted that if Canada had extradited without due process it would have breached its obligation under the Convention in this case.
2943:
698:
318:, foreign countries may not have official treaty relations with the individual states; rather, they may have treaty relations only with the federal government. As a result, a US 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
289:. 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
502:
Vietnam have laws against extraditing their own citizens to other countries' jurisdictions. Instead, they often have special laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they can locally prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the country's borders (see, e.g.,
782:
these proceedings such as the use of confessions, searches or electronic surveillance. In most cases involving international drug trafficking, this kind of evidence constitutes the bulk of evidence gathered in the investigation on a suspect for a drug-related charge. Therefore, this usually hinders the United States from moving forward with the extradition of a suspect.
346:
killing of a federal official). This transportation clause is, understandably, absent from the laws of many countries, however. 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.
578:
the requesting country must constitute a flagrant denial of justice, going beyond merely an unfair trial. Evidence obtained by way of torture has been sufficient to satisfy the threshold of a flagrant denial of justice in a number of case. This is in part because torture evidence threatens the "integrity of the trial process and the rule of law itself."
151:
requested state's domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing for extradition to take place in the absence of an extradition agreement. States may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a requested state in the absence of an extradition treaty.
218:. In contrast, pressures by the U.S. government on these countries to change their laws, or even sometimes to ignore their laws, is perceived by many in those nations as an attempt by the United States to interfere in their sovereign right to manage justice within their own borders. Famous examples include the extradition dispute with Canada on
397:. Such exceptions aim to prevent the misuse of extradition for political purposes, protecting individuals from being prosecuted or punished for their political beliefs or activities in another country. Countries may refuse extradition to avoid becoming involved in politically motivated cases, or gaining a bargaining chip over a rival state.
416:: Several jurisdictions, such as Australia, Canada, Macao, New Zealand, South Africa, United Kingdom and most European nations except Belarus, will not consent to the extradition of a suspect if the death penalty is a possible sentencing option unless they are assured that the death sentence will not be passed or carried out. The
159:
punishment is more than one year imprisonment in accordance with the laws of both countries. Occasionally the length of the sentence agreed upon between the two countries is varied. Under both types of treaties, if the conduct is not considered a crime in both of the countries involved then it will not be an extraditable offense.
710:
591:
territory, and the rights of the extraditable persons. Extradition raises human rights concerns in determining this balance in relation to the extraditable person. States make provision to recognise these rights both expressing in bilateral treaty agreements and also, potentially by way of state's obligations under the
94:. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
753:
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
586:
Human rights as a bar to extradition can be invoked in relation to the treatment of the individual in the receiving country, including their trial and sentence as well as the effect on family of the individual if extradition is granted. The repressive nature and the limitations of freedoms imposed on
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provides a number of criteria for fair trial standards. These standards have been reflected in courts who have shown that subjective considerations should be made in determining whether such trials would be ‘unjust’ or ‘oppressive’ by taking into account factors such as the duration of time since the
2075:
Current law generally allows the extradition of nationals who are not residents of Israel. It also allows the extradition of those who are both nationals and residents at the time of committing the offense for which the extradition is sought. This extradition, however, is for the purpose of standing
1211:
endorsed the report's conclusion that many member states tolerated illegal actions by the CIA, and criticised such actions. Within days of his inauguration, President Obama signed an
Executive Order opposing rendition torture and established a task force to provide recommendations about processes to
1174:
or supporters of terrorist organisations, are transferred from one country to another. 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.
577:
case, whom if extradited would face trial where evidence against him had been obtained by way of torture. This was held to be a violation of
Article 6 ECHR as it presented a real risk of a ‘flagrant denial of justice’. The court in Othman stressed that for a breach of Article 6 to occur the trial in
523:
has been invoked to stop extradition from proceeding. Article 8 states that everyone has the right to the respect of their private and family life. This is achieved by way of balancing the potential harm to private life against the public interest in upholding the extradition arrangement. While this
483:
to extradite a person to the United States from the United
Kingdom in a capital punishment case. This was due to the harsh conditions on death row and the uncertain timescale within which the sentence would be executed, but not the death penalty sentence itself. The Court in Soering stressed however
213:
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 the death penalty is practiced in some U.S. states, as it is seen by many as an attempt by foreign nations to interfere with
150:
or agreements to evolve. When no applicable extradition agreement is in place, a state may still request the expulsion or lawful return of an individual pursuant to the requested state's domestic law. This can be accomplished through the immigration laws of the requested state or other facets of the
97:
In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition
537:
is an example of when the public interest for allowing extradition outweighed the best interests of the children. In this case both parents were being extradited to Italy for serious drug importation crimes. Article 8 does not only address the needs of children, but also all family members, yet the
426:
to extradite
Kindler who faced the death penalty in the United States. This decision was given despite the fact that it was expressly provided in the extradition treaty between these two states that extradition may be refused, unless assurances were given that the death penalty shall not be imposed
354:
By enacting laws or in concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests. Observing fundamental human rights is also an important reason for denying some extradition requests. It is common for human rights exceptions to
781:
Even though the United States has an extradition treaty with Japan, most extraditions are not successful due to Japan's domestic laws. For the United States to be successful, they must present their case for extradition to the
Japanese authorities. However, certain evidence is barred from being in
528:
the court held that it would violate article 8 for a mother of five young children to be extradited amidst charges of minor fraud which were committed a number of years ago. This case is an example of how the gravity of the crime for which extradition was sought was not proportionate to protecting
158:
There are two types of extradition treaties: list and dual criminality treaties. The most common and traditional is the list treaty, which contains a list of crimes for which a suspect is to be extradited. Dual criminality treaties generally allow for the extradition of a criminal suspect if the
1678:
The criminal laws of the United States, whether state or federal, ordinarily apply only to conduct within U.S. territory. Sometimes, however, they apply to conduct abroad, from antitrust conspiracies to torture. Where such extraterritorial criminal prescriptive jurisdiction exists under U.S. law,
451:
the court retreated from this firm refusal and instead took a more subjective approach for assessing state assurances. Unlike capital punishment it is often more difficult to prove the existence of torture within a state and considerations often depend on the assessment of quality and validity of
501:
Several countries, such as
Austria, Brazil, Bulgaria, Czechia (the Czech Republic), France, Germany, Israel, Japan, Morocco, Norway, the People's Republic of China (Mainland China), Portugal, the Republic of China (Taiwan), Russia, Saudi Arabia, Slovenia, Switzerland, Syria, Turkey, the UAE, and
345:
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, etc. are handled by state governments (except in certain circumstances such as the
564:
is particularly complex in extradition cases. Its complexity arises from the fact that while the court deciding whether to surrender the individual must uphold these rights this same court must also be satisfied that any trial undertaken by the requesting state after extradition is granted also
209:
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
777:
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
590:
Determining whether to allow extradition by the requested state is, among other considerations, a balancing exercise between the interests of the requesting state's pursuit of justice over the accused individuals, the requested state's interests in holding dominion over those presently in its
1084:
1088:
510:
permits the extradition of
Israeli citizens who have not established residency in Israel; resident citizens may be extradited to stand trial in a foreign country, provided that the prosecuting country agrees that any prison sentence imposed will be served in Israel.
484:
that the personal circumstances of the individual, including age and mental state (the individual in this case was 18 years old) were relevant in assessing whether their extradition would give rise to a real risk of treatment exceeding the threshold in
Article 3.
229:
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
44:
633:. This maxim represents the principle that states must either surrender a criminal within their jurisdiction to a state that wishes to prosecute the criminal or prosecute the offender in its own courts. Many international agreements contain provisions for
313:
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
542:
a man sought to argue that if extradited his health would be undermined and it would cause his wife depression. This claim was rejected by the Court which stated that a successful claim under
Article 8 would require "exceptional" circumstances.
336:
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
195:. Many countries, such as Mexico, Canada and most European 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
1194:
from the Council of Europe estimated 100 people had been kidnapped by the CIA on EU territory (with the cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres
546:
Suicide Risk: Cases where there is risk of the individual committing suicide have also invoked article 8 as the public interest of extraditing must be considered in light of the risk of suicide by the individual if extradited. In the case of
551:
extradition was refused on these grounds, as the crime for which the individual was sought was not enough of a threat to public interest to outweigh the high risk of suicide which had been assessed to exist for the individual if extradited.
154:
No country in the world has an extradition treaty with all other countries; for example, the United States lacks extradition treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain, and many other countries.
683:
principle. Professor Michael Kelly, citing Israeli and Austrian judicial decisions, has noted that "there is some supporting anecdotal evidence that judges within national systems are beginning to apply the doctrine on their own".
672:
is not an obligation under customary international law but rather "a specific conventional clause relating to specific crimes" and, accordingly, an obligation that only exists when a state has voluntarily assumed the obligation.
341:
state 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 then extradited the individual to the United States.
654:
145:
is that every state has legal authority over the people within its borders. Such absence of international obligation, and the desire for the right to demand such criminals from other countries, have caused a web of extradition
458:
the court provided 11 factors the court will assess in determining the validity of these assurances. While torture is provided for as a bar to extradition by the European Convention on Human Rights and more universally by the
1592:
Section 30(3)(a) of the Extradition Act 1999. Also section 48(1)(b)(ii) of the Extradition Act 1999, although this section only applies to extraditions from New Zealand to Australia or the UK, neither of which have the death
662:
658:
1234:
accounting for the detention and extradition of people they knew or were related to, from the United Arab Emirates. Documents issued by the Dubai public prosecutor and viewed by CNN, showed the confirmation of
2108:
When the extradition of an Israeli citizen who is also a resident, is requested, Israel requires a preliminary commitment that the requested person will be allowed to serve the prison sentence, if imposed, in
529:
the interests of the individual's family. However the court in this case noted that even in circumstances where extradition is refused a custodial sentence will be given to comply with the principles of
2796:
pp. 340–342 in Encyclopedia of American Civil Rights and Liberties: Revised and Expanded, edited by Kara E. Stooksbury, John M. Scheb II, and Otis H. Stephens Jr.. Santa Barbara, CA: ABC-CLIO.
1355:
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of 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
2383:
766:
whose extradition was pursued by California for over 20 years. For a brief period he was placed under arrest in Switzerland, however subsequent legal appeals there prevented extradition.
445:
has in the past not accepted assurances that torture will not occur when given by a state where torture is systematic or endemic. Although in the more recent case before the same court
2538:"독일, 당시 국교단절 검토: 67년 윤이상씨등 서울로 납치 '동백림사건' 항의 (Germany considered breaking off relations at the time: Protests over the 1967 "East Berlin incident" kidnapping of Isang Yun and others)"
441:: Many countries will not extradite if there is a risk that a requested person will be subjected to torture, inhuman or degrading treatment or punishment. In regard to torture the
427:
or executed, as well as arguably being a violation of the individual's rights under the Canadian Charter of Human Rights. The decision by the Committee considered Article 6 of the
1545:
Mariana (Mitra) Radu, Cătălina Mititelu (2013) "The Observance of Human Rights and Freedoms in the Extradition Proceedings at National and International Levels" JDSR 3, 100 at 101
650:
893:
an alleged criminal from the territory of another state either after normal extradition procedures failed, or without attempting to use them. Notable cases are listed below:
2821:
1360:
2457:
1940:) prohibits a citizen of the Republic of China from being extradited from Taiwan, unless the person acquired the citizenship after the request for extradition is made.
1179:(CIA) allegedly operates a global extraordinary rendition programme, which from 2001 to 2005 captured an estimated 150 people and transported them around the world.
642:
2674:
2430:
1476:
Stigall, Dan E. (3 February 2013). "Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law".
2486:
1887:
322:, 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
1075:
845:
573:
Article 6 of the ECHR also provides for fair trial standards, which must be observed by European countries when making an extradition request. This court in the
1994:
2159:
Norris v US (No 2) UKSC 9 as discussed in J.R. Spencer Extradition (2013). The European Arrest Warrant and Human Rights, The Cambridge Law Journal 250 at 251.
372:
Generally the act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested states.
538:
high threshold required to satisfy Article 8 means that the vulnerability of children is the most likely circumstance to meet this threshold. In the case of
2537:
2032:
596:
520:
428:
2329:"Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America"
2691:
844:, with 1 million demonstrators joining the protests on 9 June 2019. They took place three days before the Hong Kong government planned to bypass the
870:
The government's proposal was amended to remove some categories after complaints from the business sector, such as "the unlawful use of computers".
2814:
1694:. Rechtsinformationssystem des Bundes (RIS), the official website of the Austrian government for the publication of legislation. 27 February 2014.
873:
Experts have noted that the legal systems of mainland China and Hong Kong follow 'different protocols' with regard to the important conditions of
2387:
1639:
Edward Fitzgerald (2013). Recent Human Rights Developments in Extradition Law & Related Immigration Law, The Denning Law Journal 25 89 at 90.
310:
1980:"We do not extradite our citizens," Adel al-Jubeir told a news conference in Riyadh at the end of a summit of Gulf Cooperation Council states.
469:
norm under international law and can therefore be invoked as a bar even if it is not provided for in an extradition agreement. In the case of
2777:
2764:
1278:
2720:
1936:
98:
process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.
2807:
1874:
1805:
1752:, the official website of the French government for the publication of legislation, regulations, and legal information. 13 December 2005.
859:
and human rights, its opponents allege that after people are surrendered to the mainland, it could charge them with some other crime and
2328:
1203:, the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of article 3 of the
2755:
1375:
1327:
677:, however, has posited that, at least with regard to international crimes, it is not only a rule of customary international law but a
1204:
2576:
1242:
In 2019, UAE, along with several other Muslim nations publicly endorsed China's Xinjiang policies, despite Beijing being accused of
49:
3156:
769:
The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a
191:
Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is being sought for a
1725:
1691:
1959:
855:, includes 37 types of crimes. While the Beijing-friendly ruling party maintains that the proposal contains protections of the
422:
105:. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as
1443:
1239:’s request for the extradition of a detained Uyghur man, Ahmad Talip, despite insufficient proof of reasons for extradition.
592:
447:
417:
2011:
3075:
2187:
1332:
1250:. Neither Dubai authorities nor the foreign ministry of UAE respond to the several requests for comment made by CNN on the
1846:[Act on extradition of offenders, etc. (Extradition Act) – Ch. I. Conditions for extradition to a foreign state].
603:
has also been invoked as a bar to extradition in a number of cases falling within its jurisdiction and decisions from the
2293:
Surena, André M.; Grove, Margaret A.; Perl, Raphael; Zagaris, Bruce; Blum, Jack A. (1990). "International Drug Traffic".
1365:
600:
480:
290:
206:
1742:
1679:
jurisdiction typically exists under the law of another country as well, such as the country where the conduct occurred.
1370:
1343:
1312:
804:
In 2013, the United States submitted extradition requests to many nations for former National Security Agency employee
646:
3133:
1991:
1498:
823:
215:
2681:
Alleged secret detentions and unlawful inter-state transfers of detainees involving Council of Europe member states]
2059:
405:
Some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face
3102:
2636:
2168:
J.R. Spencer Extradition (2013). The European Arrest Warrant and Human Rights, The Cambridge Law Journal 250 at 251
841:
835:
817:
1657:
Soering v. The United Kingdom, 1/1989/161/217 , Council of Europe: European Court of Human Rights, 7 July 1989, .
773:. Typically, in such countries, the final decision to extradite lies with the national executive (prime minister,
2671:
1692:"section 12 of the Austrian Extradition and Legal Assistance Act ("Auslieferungs- und Rechtshilfegesetz (ARHG)")"
1221:
864:
743:
728:
2547:
2028:
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1931:
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1412:
604:
476:
442:
436:
329:
202:
2596:
2458:"Hong Kong scraps 9 types of commercial crimes from China extradition plan amid pressure from business sector"
3171:
2652:
1901:
1882:
1268:
995:
801:. Several British political leaders were heavily critical of the British government's handling of the issue.
375:
This requirement has been abolished for broad categories of crimes in some jurisdictions, notably within the
2695:
2045:
2623:
1317:
774:
141:
does not have any obligation to surrender an alleged criminal to a foreign state, because one principle of
3176:
2793:
1844:"Lov om utlevering av lovbrytere m.v. (utleveringsloven) – Kap. I. Vilkår for utlevering til fremmed stat"
717:
2361:
1785:
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in Hong Kong) for that other crime. There are also concerns about the retroactive effect of the new law.
860:
388:
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17:
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197:
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162:
Generally, an extradition treaty requires that a country seeking extradition be able to show that:
31:
2774:
2761:
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have been waived by many European nations for a list of specified offences under the terms of the
2592:
2409:
2280:
2060:"Foreign Law Brief: Israel: Extradition Law – Its Evolution and the Effect of the Sheinbein Case"
1307:
1294:
1161:
638:
629:
618:
454:
286:
2721:"Uyghurs are being deported from Muslim countries, raising concerns about China's growing reach"
1522:
1138:
3044:
2839:
1494:
1288:
3166:
2487:"HK effort to ease extradition law concerns fall short; many rendition routes to China remain"
1871:
1670:
1481:
3212:
3207:
2982:
2335:
2212:
2208:
1927:
561:
109:. It is an ancient mechanism, dating back to at least the 13th century BCE, when an Egyptian
2512:"University of Warwick (UK): The proposed Hong Kong-China extradition bill – expert comment"
3202:
3022:
2987:
2899:
2874:
2272:
1387:
881:, as well as on the matter of executive vs. judicial oversight on any extradition request.
786:
530:
420:
considered the case of Joseph Kindler, following the Canadian Supreme Court's decision in
8:
3039:
2573:
1671:"The prosecute/extradite dilemma: Concurrent criminal jurisdiction and global governance"
1273:
1247:
1182:
The alleged US programme prompted several official investigations in Europe into alleged
724:
674:
624:
409:. A few go as far as to cover all punishments that they themselves would not administer.
394:
277:
The usual extradition agreement safeguards relating to dual-criminality, the presence of
75:
1523:"The Incorporation of Human Rights Fair Trial Standards into Australian Extradition Law"
1502:
1199:") used by the CIA, some of which could be located in Europe. According to the separate
848:
and bring the contentious bill straight to the full legislature to hasten its approval.
655:
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
238:
on arrival, or will be subject to cruel, inhumane or degrading treatment if extradited.
2967:
2959:
2909:
2879:
2869:
2830:
2601:
2310:
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trial in the requesting country, while any prison sentences are to be served in Israel.
1798:
856:
503:
367:
246:
3118:
2992:
2977:
2914:
2799:
2302:
2095:
1616:
1602:
1477:
1439:
1393:
1187:
794:
663:
International Convention for the Suppression and Punishment of the Crime of Apartheid
134:
2749:
1967:
1658:
808:. It criticized Hong Kong for allowing him to leave despite an extradition request.
659:
Convention for the Protection of Cultural Property in the Event of an Armed Conflict
2904:
1570:
Article 7 of Macau Law No. 6/2006 Law of judicial cooperation in criminal matters (
979:
2431:"Hong Kong protests against Chinese extradition bill draw 1 million demonstrators"
2384:"USA requests provisional arrest warrants from various countries against Edward S"
1843:
210:
significant risk of being tortured inhumanely or degradingly treated or punished.
179:
The extradited person can reasonably expect a fair trial in the recipient country.
3087:
3081:
2889:
2884:
2781:
2768:
2678:
2580:
1998:
1878:
1433:
1283:
1106:
1011:
878:
192:
138:
106:
91:
1819:"Dahir n° 1-58-057 du 25rebia II 1378 (8 novembre 1958) relatif à l'extradition"
1621:, CCPR/C/48/D/470/1991, UN Commission on Human Rights, 11 November 1993, at 14.6
1579:
3128:
3028:
2919:
2894:
2864:
2859:
1607:, CCPR/C/48/D/470/1991, UN Commission on Human Rights, 11 November 1993, at 2.2
1059:
947:
931:
852:
805:
763:
759:
735:
376:
333:
3181:
1713:
709:
3196:
3011:
2569:
2542:
2306:
2269:
Director of Public Prosecutions (Cth) and the Republic of Austria v Kainhofer
1780:
Except to a member state of the European Union or to an international court:
1726:"Charter of fundamental rights and freedoms, Article 14 (4), second sentence"
1574:
1435:
Bringing International Fugitives to Justice: Extradition and its Alternatives
1399:
1167:
915:
306:
122:
53:
2148:
HH v Deputy Prosecutor of the Italian Republic, Genoa 2012 UKSC 25 para 132.
1767:
1749:
840:
A proposed Hong Kong extradition law tabled in April 2019 led to one of the
3123:
3097:
702:
261:, have laws against extraditing their respective citizens. Others, such as
118:
3161:
2195:
Adopted by the General Assembly of the United Nations on 19 December 1966.
1200:
697:
3138:
3065:
3060:
2295:
Proceedings of the Annual Meeting (American Society of International Law)
1263:
797:
from the UK to the U.S., for their alleged fraudulent conduct related to
770:
755:
739:
713:
507:
226:
142:
114:
61:
56:, requesting the extradition of a murder suspect suspected of fleeing to
38:
27:
Transfer of a suspect from one jurisdiction to another by law enforcement
2752:—A primer from the Council on Foreign Relations. Jonathan Masters, 2019.
2314:
1992:
Swiss Federal Act on International Mutual Assistance in Criminal Matters
1743:"Code of criminal procedure (legislative part), Articles 696-1 to 696–7"
222:, who was eventually extradited to the United States on murder charges.
3070:
3017:
3005:
2948:
2929:
1963:
1196:
1183:
1122:
890:
679:
465:
319:
302:
282:
235:
219:
83:
623:
A concept related to extradition that has significant implications in
452:
assurances given by the requesting state. In the deportation case of
2574:
Counter-Terrorism Training and Resources for Law Enforcement web site
1390:, anti-Castrist detained in the U.S. and wanted by Cuba and Venezuela
1171:
963:
2942:
2794:
Deflem, Mathieu, and Kyle Irwin. 2017. "Extradition, International."
1243:
746:
338:
102:
57:
2624:
Background Paper on CIA's Combined Use of Interrogation Techniques
793:
case for extradition. This came to a head over the extradition of
2924:
2848:
2568:
Michael John Garcia, Legislative Attorney American Law Division.
1848:
1231:
406:
262:
250:
231:
110:
79:
2065:. The Law Library of Congress, Global Legal Research Directorate
785:
There is at present controversy in the United Kingdom about the
599:
is particularly relevant to extradition. Although regional, the
493:
Jurisdiction over a crime can be invoked to refuse extradition.
2854:
266:
242:
147:
1531:(2014) 76 Australian Institute of Administrative Law Forum 20.
1191:
811:
651:
Convention for the Suppression of Unlawful Seizure of Aircraft
234:, or if they believe that the defendant will not be granted a
1236:
798:
566:
400:
258:
254:
176:
The event in question qualifies as a crime in both countries.
87:
2637:
New CIA Docs Detail Brutal 'Extraordinary Rendition' Process
2410:"U.S. criticizes China's handling of Snowden case – CNN.com"
2012:"Article 38 of the constitution of the Syrian Arab Republic"
3092:
2972:
1402:, Azerbaijani officer extradited from Hungary to Azerbaijan
1170:
procedure in which criminal suspects, generally suspected
829:
2597:"Obama's War on Terror May Resemble Bush's in Some Areas"
1227:
701:
Swedish extradition of German and Baltic soldiers to the
643:
U.N. Convention for the Suppression of Terrorist Bombings
309:, can pose particular problems for extraditions when the
90:
in another jurisdiction, into the custody of the other's
2359:
382:
101:
Between countries, extradition is normally regulated by
2692:"Ensuring Lawful Interrogations | The White House"
2133:"F-K v Polish Judicial Authority 2012 UKSC 25 para 132"
1396:(1540?–1591), first man to be extradited within Britain
607:
have been a useful source of development in this area.
2829:
2292:
2188:"International Covenant on Civil and Political Rights"
1155:
731:
being extradited to face charges in the United States.
361:
182:
The likely penalty will be proportionate to the crime.
30:"Extradition Order" redirects here. For the band, see
535:
HH v Deputy Prosecutor of the Italian Republic, Genoa
128:
2938:
758:, in which some US commentators pressured President
597:
International Covenant on Civil and Political Rights
521:
Article 8 of the European Convention on Human Rights
429:
International Covenant on Civil and Political Rights
2758:—with cases and commentary. Nathaniel Burney, 2007.
2616:
1764:"Légifrance publications of the French legislation"
514:
272:
2629:
2570:Renditions: Constraints Imposed by Laws on Torture
2362:"Lib Dem leader joins bankers' extradition battle"
1949:Constitution of the Russian Federation, Article 61
2237:Othman (Abu Qatada) v UK 55 EHRR 1 para 258–262.
1872:Extradition Law of the People's Republic of China
668:Some contemporary scholars hold the opinion that
3194:
2771:—Extraditions between Colombia and United States
2646:
2585:
1495:Extradition Treaties Interpretation Act of 1998
581:
393:Many countries refuse to extradite suspects of
2684:
2626:". 30 December 2004. Retrieved 2 January 2010.
2591:
2572:8 September 2009; link from the United States
2562:
2425:
2423:
2089:"Israel – National Procedures for Extradition"
2029:"Turkey – National Procedures for Extradition"
1960:"Saudis: No extradition of suspects to Turkey"
1186:and illegal international transfers involving
720:extradited from Colombia to the United States.
2815:
2257:An Introduction to Transnational Criminal Law
1782:Basic Law for the Federal Republic of Germany
1714:Условия за отказ на екстрадиция. Глава втора.
1648:Othman (Abu Qatada) v UK 55 EHRR 1. para 189
1635:
1633:
1631:
1629:
1627:
296:
2775:Chiquita Board Members: Total Identification
2121:F-K v Polish Judicial Authority 2012 UKSC 25
2046:Các trường hợp từ chối dẫn độ cho nước ngoài
1906:European Union Agency for Fundamental Rights
1668:
479:held that it would violate Article 3 of the
205:held that it would violate Article 3 of the
2643:. 28 August 2009. Retrieved 2 January 2010.
2420:
1520:
1201:European Parliament report of February 2007
812:Extradition case of Huawei CFO Meng Wanzhou
166:The relevant crime is sufficiently serious.
2822:
2808:
1624:
1516:
1514:
1512:
1510:
1438:. Cambridge University Press. p. 43.
1376:List of United States extradition treaties
851:The bill, which would ease extradition to
610:
401:Possibility of certain forms of punishment
117:, negotiated an extradition treaty with a
1902:"Constitution of the Portuguese Republic"
1704:Brazilian constitution of 1988, Article 5
1471:
1469:
1467:
1465:
1463:
1461:
1459:
1457:
1455:
1205:United Nations Convention Against Torture
742:extradited to the United States aboard a
692:
565:respects these rights. Article 14 of the
305:structure of some countries, such as the
2360:Oliver King and agencies (4 July 2006).
734:
723:
708:
696:
43:
2715:
2713:
1507:
1475:
1356:List of Australian extradition treaties
830:2019 Hong Kong extradition law protests
555:
14:
3195:
2784:—Extradition of Chiquita board members
2057:
2035:from the original on 28 November 2021.
1541:
1539:
1537:
1452:
1431:
1361:List of Hong Kong extradition treaties
842:biggest protests in the city's history
789:, which dispenses with the need for a
349:
2803:
2480:
2478:
2455:
1432:Sadoff, David A. (24 December 2016).
1215:
593:Universal Declaration of Human Rights
448:Othman (Abu Qatada) v. United Kingdom
418:United Nations Human Rights Committee
383:Political nature of the alleged crime
2710:
2228:Othman (Abu Qatada) v UK 55 EHRR 1.
1333:Extradition law in the United States
358:Common bars to extradition include:
2756:A Brief Primer on International Law
2653:Fact sheet: Extraordinary rendition
2536:Gil, Yun-hyeong (30 October 2004).
2535:
2484:
1534:
1366:List of Indian extradition treaties
1335:(including inter-state extradition)
601:European Convention of Human Rights
481:European Convention on Human Rights
362:Failure to fulfill dual criminality
291:European Convention on Human Rights
207:European Convention on Human Rights
173:case against the individual sought.
24:
2790:, fact sheet of the ECtHR case law
2475:
1966:. 10 December 2018. Archived from
1371:List of Dutch extradition treaties
1344:Extradition law in the Philippines
1313:European Convention on Extradition
647:U.N. Convention Against Corruption
281:evidence and the possibility of a
129:Extradition treaties or agreements
25:
3229:
3134:Evidence law in the United States
2743:
2246:Rwanda v Brown EWHC 770 para 264
1499:United States Department of State
48:An extradition document from the
2941:
2694:. Whitehouse.gov. Archived from
1230:reported testimonies of several
1166:"Extraordinary rendition" is an
826:, which is political in nature.
818:Extradition case of Meng Wanzhou
687:
515:Right to private and family life
273:Exemptions in the European Union
2665:
2529:
2504:
2449:
2402:
2376:
2353:
2321:
2286:
2262:
2249:
2240:
2231:
2222:
2198:
2180:
2171:
2162:
2153:
2142:
2125:
2114:
2081:
2051:
2048:– Vietnam's Ministry of Justice
2039:
2021:
2004:
1985:
1952:
1943:
1920:
1894:
1864:
1836:
1811:
1791:
1774:
1756:
1735:
1718:
1707:
1698:
1684:
1662:
1651:
1642:
1610:
1222:Persecution of Uyghurs in China
744:Drug Enforcement Administration
526:FK v. Polish Judicial Authority
496:
488:
186:
2988:Deferred prosecution agreement
2657:American Civil Liberties Union
1935:
1886:
1596:
1586:
1578:
1564:
1548:
1488:
1425:
605:European Court of Human Rights
477:European Court of Human Rights
443:European Court of Human Rights
437:inhuman or degrading treatment
330:European Court of Human Rights
203:European Court of Human Rights
13:
1:
2456:Cheng, Kris (26 March 2019).
1269:Extraterritorial jurisdiction
884:
824:China–United States trade war
519:In a limited number of cases
2485:Mak, Elise (23 April 2019).
2177:Jasons v Latvia EWHC 1845.
1669:Adam Abelson (19 May 2010).
1418:
1318:Extradition law in Australia
1254:and extradition of Uyghurs.
857:dual criminality requirement
836:2019–2020 Hong Kong protests
582:Human rights and extradition
216:U.S. criminal justice system
7:
2788:Expulsions and extraditions
2546:(in Korean). Archived from
1257:
1212:prevent rendition torture.
1177:Central Intelligence Agency
389:Political offence exception
241:Several countries, such as
50:St. Louis Police Department
10:
3234:
2659:. Retrieved 29 March 2007
2217:Federal Court (Full Court)
1413:2019–20 Hong Kong protests
1339:Extradition law in Nigeria
1328:Extradition law in Ireland
1219:
1207:. A large majority of the
1159:
889:In some cases a state has
833:
815:
729:Juan Carlos Ramírez Abadía
625:transnational criminal law
616:
533:. In contrast the case of
461:Convention Against Torture
386:
365:
316:United States Constitution
297:Extradition to federations
36:
29:
3147:
3111:
3103:Presentence investigation
3053:
2958:
2936:
2838:
2462:Hong Kong Free Press HKFP
2364:. Politics.guardian.co.uk
1877:22 September 2017 at the
1279:Immunity from prosecution
1209:European Union Parliament
1156:"Extraordinary rendition"
1044:Hassan Mustafa Osama Nasr
754:case in point is that of
718:Miguel Rodríguez Orejuela
637:. These include all four
325:Soering v. United Kingdom
198:Soering v. United Kingdom
2098:PC-OC. 12 September 2019
1323:Extradition law in China
996:Humberto Álvarez Machaín
861:impose the death penalty
472:Soering v United Kingdom
37:Not to be confused with
32:Extradition Order (band)
2672:Resolution 1507 (2006).
2579:14 October 2012 at the
2209:[2013] FCAFC 14
1997:12 January 2019 at the
1308:European Arrest Warrant
1295:Sosa v. Alvarez-Machain
1162:Extraordinary rendition
670:aut dedere aut judicare
639:1949 Geneva Conventions
635:aut dedere aut judicare
630:aut dedere aut judicare
619:Aut dedere aut judicare
612:Aut dedere aut judicare
287:European Arrest Warrant
3045:Statute of limitations
2840:Criminal investigation
2780:12 August 2008 at the
2762:Extraditions Cut Short
2279:528 at per Gummow J,
2211: at -, (2013) 210
1289:Universal jurisdiction
750:
732:
721:
706:
693:International tensions
65:
2983:Criminal jurisdiction
2273:[1995] HCA 35
2058:Levush, Ruth (2002).
1220:Further information:
1076:Konstantin Yaroshenko
738:
727:
712:
700:
562:right to a fair trial
560:Consideration of the
47:
3023:Inquisitorial system
2960:Criminal prosecution
2900:Reasonable suspicion
2875:Exigent circumstance
2767:13 June 2008 at the
2750:What Is Extradition?
2677:12 June 2010 at the
2595:(17 February 2009).
1823:adala.justice.gov.ma
1555:Extradition Act 1988
1521:Johnston, P (2014).
1503:Extradition Treaties
1388:Luis Posada Carriles
822:It is a part of the
787:Extradition Act 2003
556:Fair trial standards
531:international comity
3040:Preliminary hearing
1970:on 11 December 2018
1770:. 13 December 2005.
1731:. 16 December 1992.
1274:Extraterritoriality
1248:US State Department
1175:The United States'
897:
455:Othman (Abu Qatada)
350:Bars to extradition
2968:Adversarial system
2910:Search and seizure
2880:Knock-and-announce
2831:Criminal procedure
2698:on 26 January 2009
2602:The New York Times
2550:on 9 December 2007
2259:(OUP, 2012) at 287
1928:Law of Extradition
1799:Law of Extradition
1216:Uyghur extradition
896:
875:double criminality
751:
733:
722:
707:
540:Norris v US (No 2)
504:trial of Xiao Zhen
368:Double criminality
247:Russian Federation
123:Hattusili III
78:delivers a person
66:
3218:International law
3190:
3189:
3172:Wikimedia Commons
3119:Criminal defenses
3054:Charges and pleas
2978:Bill of attainder
2915:Search of persons
2205:O'Connor v Adamas
2096:Council of Europe
1926:Article 4 of the
1908:. 25 October 2018
1870:Article 8 of the
1618:Kindler v. Canada
1604:Kindler v. Canada
1445:978-1-107-12928-3
1190:member states. A
1188:Council of Europe
1184:secret detentions
1153:
1152:
846:committee process
795:the Natwest Three
225:Countries with a
135:international law
133:The consensus in
16:(Redirected from
3225:
2951:
2946:
2945:
2905:Right to silence
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2800:
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2386:. Archived from
2380:
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2348:
2346:
2340:
2334:. Archived from
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1492:
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1473:
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1449:
1429:
1192:June 2006 report
1139:Trịnh Xuân Thanh
1092:
980:Mordechai Vanunu
898:
895:
863:(which has been
675:Cherif Bassiouni
549:Jason's v Latvia
423:Kindler v Canada
395:political crimes
115:Ramesses II
86:of committing a
21:
3233:
3232:
3228:
3227:
3226:
3224:
3223:
3222:
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3192:
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3107:
3088:Peremptory plea
3082:Nolo contendere
3049:
2954:
2947:
2940:
2934:
2890:Pretextual stop
2885:Miranda warning
2834:
2833:(investigation)
2828:
2782:Wayback Machine
2769:Wayback Machine
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2741:
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2679:Wayback Machine
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2641:Huffington Post
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2581:Wayback Machine
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2438:
2435:www.cbsnews.com
2429:
2428:
2421:
2416:. 12 July 2013.
2408:
2407:
2403:
2393:
2391:
2390:on 28 June 2017
2382:
2381:
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2344:
2342:
2341:on 15 July 2006
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1999:Wayback Machine
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1879:Wayback Machine
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1788:, 29 July 2009.
1779:
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1748:. published by
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1577:, Chinese:
1572:(in Portuguese)
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1535:
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1493:
1489:
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1446:
1430:
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1421:
1284:Right of asylum
1260:
1224:
1218:
1164:
1158:
1107:Dirar Abu Seesi
1078:
1012:Abdullah Öcalan
887:
879:non-refoulement
838:
832:
820:
814:
705:in January 1946
695:
690:
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615:
595:, of which the
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558:
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499:
491:
463:, it is also a
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391:
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332:ruled that the
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169:There exists a
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3012:Habeas corpus
3009:
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2994:Ex post facto
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2727:. 8 June 2021
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2516:warwick.ac.uk
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3213:Criminal law
3208:Court orders
3124:Criminal law
3098:Plea bargain
3080:
3035:Precognition
3027:
3010:
3000:
2993:
2847:
2729:. Retrieved
2724:
2700:. Retrieved
2696:the original
2686:
2667:
2661:(in English)
2648:
2640:
2631:
2618:
2606:. Retrieved
2600:
2587:
2564:
2552:. Retrieved
2548:the original
2541:
2531:
2519:. Retrieved
2515:
2506:
2494:. Retrieved
2490:
2465:. Retrieved
2461:
2451:
2439:. Retrieved
2434:
2413:
2404:
2392:. Retrieved
2388:the original
2378:
2366:. Retrieved
2355:
2343:. Retrieved
2336:the original
2323:
2298:
2294:
2288:
2283:(Australia).
2268:
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2256:
2251:
2242:
2233:
2224:
2219:(Australia).
2204:
2200:
2182:
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2164:
2155:
2144:
2127:
2116:
2107:
2100:. Retrieved
2083:
2074:
2067:. Retrieved
2053:
2041:
2023:
2006:
1987:
1979:
1972:. Retrieved
1968:the original
1954:
1945:
1922:
1910:. Retrieved
1905:
1896:
1866:
1854:. Retrieved
1847:
1838:
1826:. Retrieved
1822:
1813:
1793:
1781:
1776:
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1382:Individuals:
1381:
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974:South Korea
888:
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703:Soviet Union
678:
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634:
628:
622:
611:
589:
585:
574:
572:
559:
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539:
534:
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497:Own citizens
492:
489:Jurisdiction
470:
464:
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404:
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374:
371:
357:
353:
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323:
311:police power
300:
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224:
212:
196:
190:
187:Restrictions
170:
161:
157:
153:
132:
119:Hittite king
100:
96:
76:jurisdiction
71:
69:
67:
3203:Extradition
3182:Wikiversity
3139:Legal abuse
3076:Information
3066:Arraignment
3061:Alford plea
3001:Extradition
2001:, Article 7
1974:10 December
1828:7 September
1797:Article 2,
1264:Deportation
1197:black sites
1079: [
791:prima facie
771:rule of law
756:Ira Einhorn
740:Viktor Bout
714:Cali Cartel
627:is that of
508:Israeli law
279:prima facie
227:rule of law
171:prima facie
143:sovereignty
72:extradition
62:New Zealand
39:Deportation
3197:Categories
3167:WikiSource
3152:Wiktionary
3071:Indictment
3018:Indictment
3006:Grand jury
2949:Law portal
2930:Terry stop
2281:High Court
1964:Jiji Press
1888:中华人民共和国引渡法
1768:Légifrance
1750:Légifrance
1580:第6/2006號法律
1559:s 15B
1527:Aial Forum
1172:terrorists
1123:Gui Minhai
1067:Venezuela
939:Argentina
885:Abductions
680:jus cogens
661:, and the
466:jus cogens
366:See also:
320:federalism
283:fair trial
236:fair trial
220:Charles Ng
137:is that a
18:Extradited
3162:Wikiquote
3157:Wikibooks
2870:Detention
2608:2 January
2307:0272-5037
2102:11 August
2069:11 August
1497:from the
1419:Footnotes
1252:detention
1130:Thailand
1070:Colombia
964:Isang Yun
865:abolished
775:president
435:Torture,
107:rendition
84:convicted
3177:Wikinews
3129:Evidence
2778:Archived
2765:Archived
2675:Archived
2577:Archived
2394:19 April
2315:25658526
2301:: 1–12.
2033:Archived
1995:Archived
1875:Archived
1806:逃亡犯罪人引渡法
1593:penalty.
1407:Protest:
1258:See also
1244:genocide
1149:Vietnam
1146:Germany
1114:Ukraine
1098:Liberia
1035:Vietnam
891:abducted
339:Virginia
148:treaties
103:treaties
58:Auckland
2925:Suspect
2849:Arguido
2702:17 July
2521:15 June
2496:15 June
2467:15 June
2441:15 June
2368:29 July
2109:Israel.
1932:Chinese
1912:8 March
1883:Chinese
1856:12 July
1849:Lovdata
1482:2211219
1246:by the
1232:Uyghurs
1117:Israel
1022:Turkey
1003:Mexico
990:Israel
958:France
942:Israel
923:Mexico
407:torture
303:federal
263:Germany
251:Austria
232:torture
111:pharaoh
80:accused
64:, 1885.
52:in the
2855:Arrest
2731:8 June
2554:30 May
2345:6 July
2313:
2305:
1934::
1885::
1557:(Cth)
1480:
1442:
1133:China
1054:Egypt
1051:Italy
1038:China
1019:Kenya
987:Italy
657:, the
653:, the
649:, the
645:, the
641:, the
575:Othman
475:, the
328:, the
267:Israel
245:, the
243:France
201:, the
74:, one
70:In an
2339:(PDF)
2332:(PDF)
2311:JSTOR
2271:
2215:364,
2207:
2191:(PDF)
2136:(PDF)
2092:(PDF)
2063:(PDF)
2015:(PDF)
1746:(PDF)
1729:(PDF)
1674:(PDF)
1350:Lists
1237:China
1143:2017
1127:2015
1111:2011
1095:2008
1091:]
1064:2004
1048:2003
1032:2002
1016:1999
1000:1990
984:1986
968:1967
952:1963
936:1960
920:1950
907:From
904:Year
901:Name
799:Enron
747:plane
716:boss
567:ICCPR
259:Japan
255:China
139:state
88:crime
3093:Plea
2973:Bail
2733:2021
2704:2010
2610:2010
2556:2007
2523:2019
2498:2019
2469:2019
2443:2019
2396:2013
2370:2014
2347:2006
2303:ISSN
2104:2024
2071:2024
1976:2018
1914:2022
1858:2018
1830:2020
1478:SSRN
1440:ISBN
877:and
301:The
265:and
257:and
214:the
2996:law
2725:CNN
2639:".
2414:CNN
2277:CLR
2213:FCR
1937:引渡法
1228:CNN
910:To
506:).
82:or
60:in
3199::
2723:.
2712:^
2655:,
2599:.
2540:.
2514:.
2489:.
2477:^
2460:.
2433:.
2422:^
2412:.
2309:.
2299:84
2297:.
2106:.
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