International procedures
Extradition
Surrender of a person between states: treaties, grounds for refusal and human-rights safeguards.
Definition
Extradition is the surrender of a person by one state to another for prosecution or to serve a sentence. It is carried out under treaties or the principle of reciprocity and undergoes judicial review.
Key safeguards are judicial review of the grounds and the possibility of refusal where there is a risk of human-rights violations.
Legal basis
- Bilateral and multilateral extradition treaties
- European Convention on Extradition (for some countries)
- National extradition legislation
Stages
- 1
Request
The state sends an official extradition request.
- 2
Detention
Provisional detention is possible pending a decision.
- 3
Court review
The court reviews the grounds and admissibility of surrender.
- 4
Decision and appeal
A decision is made and can be appealed.
Required documents
- Identity and nationality documents
- Materials on the substance of the charge
- Evidence of risks (human rights, political motive)
- Documents on status and ties to the country of residence
Appeal options
- Appealing the extradition decision in higher courts
- Applying to international human-rights bodies
Common mistakes & risks
- Travelling to a country with extradition risk without preparation
- Abandoning human-rights arguments
- Lack of coordination with the defence across countries
Frequently asked questions
Can extradition be refused?
Yes. Grounds include a risk to human rights, the political nature of the case, and the absence of dual criminality.
What is dual criminality?
The act must be punishable in both countries. Otherwise surrender may be refused.
Does nationality matter?
Many countries do not extradite their own nationals or apply special rules. It depends on the jurisdiction.