Below, we discuss the elements common to most extradition contracts. See e.B Decl. by Clifton M. Johnson, Assistant Legal Counsel for Law Enforcement and Intelligence, Office of the Legal Counsel of the U.S. Department of State (January 15, 2008) ¶ 8, (“In certain cases, the Secretary may request extradition of the provision of assurances by the requesting State regarding torture or aspects of the criminal justice system of the requesting State that protect against ill-treatment, make dependent. In addition to assurances relating to torture, such assurances may include, for example, that the refugee will have regular access to a lawyer and the full protection afforded by the Constitution or the laws of that State. A country`s refusal to extradite suspects or criminals to another country can strain international relations. Often, the country to which extradition is refused accuses the other country of refusing extradition on political grounds (justified or not). A typical example is that of Ira Einhorn, in which some American commentators pressured French President Jacques Chirac, who does not intervene in court cases, to allow extradition when the case was postponed due to differences between French and American human rights laws. Another long-time example is Roman Polanski, whose extradition from California has been pursued for more than 20 years. He was placed under arrest in Switzerland for a short time, but subsequent appeals prevented his extradition.
The issues at stake are often complex when the country from which suspects are to be extradited is a democratic country with the rule of law. As a rule, in these countries, the final decision on extradition rests with the national executive (Prime Minister, President or equivalent). However, these countries generally allow extradition defendants to invoke the law with multiple appeals. These can significantly slow down the procedures. On the one hand, this can lead to unjustified international difficulties, as the public, politicians and journalists of the requesting country will ask their executive to put pressure on the executive of the country from which the extradition is to take place, while this executive may not have the power to expel the suspect or the criminal himself. On the other hand, some delays or the reluctance of local law enforcement authorities to submit a good extradition case to the court on behalf of the requesting State may be due to the country`s reluctance to extradite. Step 5: Certification by the extradition judge and decision of the Secretary of State. Meng Wanzhou Canadian authorities arrested Meng, an executive of Chinese telecommunications giant Huawei, in December 2018 at the request of the United States. U.S. prosecutors have charged them with bank fraud and money transfer related to Huawei`s transactions with Iran.
The extradition process attracted media attention given the suspect`s status and the context of sensitive trade negotiations between the United States and China. In the days following Meng`s arrest, China arrested two Canadians in what many commentators called political retaliation. In the United States, federal law governs extradition from one state to another. The extradition clause of the United States Constitution (Article IV, Section 2) requires that: Jurisdiction over a crime may be invoked to refuse extradition. [16] International requests for extradition are not made by individuals. Only law enforcement agencies can initiate an extradition request, usually after charges have been laid and a court has issued an arrest warrant against the person. If the person is wanted in the United States, the Office of International Affairs will work with the prosecutor to prepare an extradition request to be made to a foreign country. The Ministry of Foreign Affairs submits the request to foreign countries through diplomatic channels. Once the BAI receives a foreign extradition request, it reviews the request to ensure that it is sufficient and forwards sufficient requests to the U.S.
Attorney`s Office for the judicial district in which the refugee is located. [11] The U.S. Attorney`s Office then obtained an arrest warrant, and the fugitive was arrested and brought before the U.S. District Judge or District Judge. [11] The government rejects bail in extradition cases. [11] Unless the refugee waives his or her right to be heard, the court will hold a hearing pursuant to 18 U.S.C. § 3184 to determine whether the fugitive is an extradition. [11] If the court finds that the refugee can be extradited, it issues an extradition order and certifies the protocol to the Secretary of State, who decides whether the refugee will be surrendered to the requesting government. [11] The OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents designated by the requesting country to receive him. Although the order is not countervailable after the extradition hearing (neither by the fugitive nor by the government), the refugee may apply for habeas corpus once the decision has been rendered. [11] The District Court`s decision on the application may be appealed and extradition may be stayed if ordered by the court. [11] Julian Assange.
Following a US extradition request, British authorities arrested the WikiLeaks founder after he was expelled from the Ecuadorian embassy in London in April 2019. Ecuador had granted Assange asylum in 2012 and allowed him to live in its embassy to avoid extradition to Sweden, where he was under investigation for rape and other alleged crimes. Ecuador, however, has withdrawn its protection, citing complaints against Assange and WikiLeaks. US authorities have accused Assange of plotting to hack into US government computers between 2010 and 2011 and publish hundreds of thousands of secret documents. Swedish authorities dropped their investigation into Assange`s rape and sexual assault in late 2019. .