The Principle of Specialty not only limits the scope of criminal prosecution but can also be strategically used to protect the defendant. In this article, we examine how lawyers can invoke this principle to ensure that their client is prosecuted only for the specific offense for which extradition was granted.
Defense Strategies Based on the Principle of Specialty
- Reviewing the extradition request: Ensure that the request clearly specifies the offense for which extradition is sought and identify any potential errors or ambiguities.
- Requesting an extension of protection: Use the principle to argue that any previous or unrelated offenses not mentioned in the request cannot be considered.
- Ensuring procedural safeguards: Advocate for the right to a fair trial and the protection of fundamental rights if there is an attempt to interpret the extradition request too broadly.
Benefits for the Defendant
✔ Protection of rights – Limiting prosecution strictly to the offenses listed in the extradition request reduces the risk of additional or arbitrary charges.
✔ Legal clarity – A strict interpretation of the extradition request ensures transparency in legal proceedings.
✔ Avoiding legal uncertainties – Demonstrating that extradition was granted only for specific offenses helps prevent judicial decisions that violate the principle of proportionality.
Conclusion
Using the Principle of Specialty to the defendant’s advantage is an effective strategy to ensure that criminal prosecution remains within legal limits. Lawyers must carefully analyze documentation and leverage every available legal tool to uphold this principle and protect the fundamental rights of their clients.