Not all extradition requests are accepted. States may refuse to extradite an individual under certain circumstances, primarily to protect fundamental rights or due to specific legal constraints.
Main Reasons for Denying Extradition
- Risk of Torture or Death Penalty – Extradition can be denied if the individual risks inhumane or degrading treatment.
- Political Offense – Most states do not grant extradition for politically motivated crimes, except in cases such as terrorism.
- Ne bis in idem (Double Jeopardy) – If the individual has already been prosecuted for the same crime in another state, extradition cannot be granted.
- Nationality of the Defendant – Some countries prohibit the extradition of their own nationals and require that trials take place within their jurisdiction.
- Insufficient Evidence – If the requesting state does not provide adequate evidence, the extradition request may be rejected.
Exceptions and Legal Safeguards
- Guarantee of a Fair Trial – Some states will only grant extradition if the requesting country ensures a fair trial.
- Acceptable Detention Conditions – If prison conditions in the requesting country do not meet minimum human rights standards, extradition may be refused.
Conclusion
Extradition is not automatic but is subject to strict legal scrutiny. Respect for human rights and adherence to international law are essential to ensuring that justice is applied fairly and without abuse.