EXTRADITION 

• Earlier extradition treaties typically included a fixed list of crimes, and only individuals accused or convicted of those specific offences could be extradited.
• In contrast, modern treaties generally adopt the principle of "dual criminality," where an act is considered extraditable if it is recognized as a crime in both the requesting and requested countries.
• Most treaties also outline exceptions—situations in which extradition may be denied. For example, the India-Bangladesh treaty permits either nation to reject a request if the crime is deemed political or if the allegation appears to lack genuine intent to serve justice.
• As per the Ministry of External Affairs, India currently has formal extradition treaties with 48 nations and informal extradition arrangements with an additional 12 countries

4. What is the process of extradition?

• Although the exact procedures differ across treaties, the extradition process typically starts when the country where the crime occurred formally requests the surrender of the accused individual.
• Once this request is submitted, the legal system of the country where the individual is located initiates proceedings to determine whether extradition is legally and procedurally appropriate.
• These details can vary—some treaties require that the person already be convicted in the requesting nation, while others permit extradition based solely on formal charges.
• Extradition is carried out once the request is approved and the individual has no further legal avenues for appeal.
• Typically, authorities from the requesting country travel to the host nation to assume custody. For instance, in Rana’s case, senior officials from India’s National Investigation Agency (NIA) travelled to Los Angeles to take him into custody

5. Challenges with the extradition treaty

• Ultimately, most extradition treaties provide enough flexibility for countries to refuse extradition in a wide range of situations. As a result, extradition often becomes more of a political and diplomatic matter than a purely legal one.
• While some cases are resolved swiftly, more politically charged requests can take months or even years, and may never succeed.
• For instance, India initially sought the extradition of Tahawwur Rana over a decade ago, but the request was approved only in 2023, aided by cooperation from the Biden administration in the U.S.
• In contrast, India's request to extradite David Headley—who conducted reconnaissance for the Lashkar-e-Taiba—was denied.
• Headley entered into a plea bargain in the U.S. that shielded him from extradition to India, and he is currently serving a 35-year sentence there

6. Instances of executing the extradition theory

• Dual Criminality Principle:

Example: A person commits a fraud offense in Country A and flees to Country B. For Country B to extradite the person, the act of fraud must also be considered a criminal offense in Country B. If Country B's laws do not criminalize that specific type of fraud, extradition might be denied

• Specialty Principle (Rule of Specialty):

This principle ensures that an extradited person can only be prosecuted, punished, or detained for the specific offenses for which extradition was granted. The requesting state must strictly adhere to the terms of the extradition request approved by the requested state

Example: If a suspect is extradited from Country C to Country D for a murder charge, Country D cannot then decide to prosecute them for a separate, unrelated theft that occurred prior to the extradition, unless Country C specifically consents to it

• Non-Extradition of Political Offenders:

Many countries refuse to extradite individuals if the alleged crime is political in nature. This exception aims to prevent the misuse of extradition for political persecution. However, it typically excludes acts of terrorism or other violent crimes, which are generally not considered "political" in this context

Example: Historically, a person involved in a rebellion against their government might seek asylum in another country, and the asylum country might refuse extradition on the grounds of the political offense exception

• Reciprocity:

Extradition relations between states are often premised on reciprocity, meaning one state agrees to extradite a person if the other state agrees to do the same in similar circumstances. This is most commonly formalized through bilateral extradition treaties

Example: The long-standing extradition treaties between the United States and the United Kingdom are based on the principle of reciprocity, facilitating the surrender of fugitives between the two nations

• Human Rights and Fair Trial Standards:

Increasingly, extradition processes consider the human rights of the individual. Extradition may be refused if there's a significant risk that the extradited person would face torture, inhuman or degrading treatment, or would not receive a fair trial in the requesting state. The principle of non-refoulement, which protects refugees from being returned to a place where they face persecution, is also relevant here

Example: In cases involving capital punishment, some countries refuse extradition if the requesting state seeks the death penalty and cannot provide assurances that it will not be imposed or carried out. The Abu Salem extradition from Portugal to India involved conditions that he would not face the death penalty due to European law

Source: Indianexpress