Extradition is a legal procedure through which one state hands over an individual to another state to face trial or serve a sentence. This mechanism is governed by bilateral and multilateral agreements with the aim of combating transnational crime and ensuring international justice.
Fundamental Principles of Extradition
- Double Criminality Principle – The offense must be punishable in both the requesting and requested states.
- Principle of Specialty – The extradited person can only be prosecuted for the offenses specified in the extradition request.
- Prohibition of Extradition for Political Crimes – Political crimes are generally not subject to extradition, with some exceptions (e.g., terrorism).
- Protection of Human Rights – No individual can be extradited if they risk being subjected to inhumane or degrading treatment in the requesting country.
How Does the Extradition Procedure Work?
- Extradition Request – The requesting state submits a formal request detailing the crime and the identity of the wanted individual.
- Evaluation of the Request – The requested state examines the legitimacy of the request based on international treaties and domestic laws.
- Decision on Extradition – If granted, the individual is handed over; if denied, they may remain under the jurisdiction of the requested state.
Conclusion
Extradition is a key tool in international judicial cooperation. However, its application must always respect fundamental rights and the principles of due process.