Extradition
Q What is meant by Extradition. Who are extraditable persons?
Ans When one state surrenders to another state an accused or convicted person, it is called extradition. According to Oppenheim, extradition is the delivery of an accused or convicted individual to the state on whose territory he is alleged to have committed a crime. If an individual commits a crime which is not political one within his country and flees away to another state and takes refuge there then his home country can ask the other country to extradite the offender. the surrender of offender is made in compliance with a formal demand through diplomatic agents and in compliance with a treaty of extradition between the two states. It is sometimes said that asylum ends where extradition begins, in other words, a state has a right to grant asylum (refuge) to fugitive criminals unless it is bound by treaty.
Law and Practice as to Extradition:-
(1) The principle that the offender must be punished by the state of refuge or surrendered to the state which can and will punish him - is universally recognized and adopted.
(2) The state on whose territory the crime has been committed is most competent to try the offender.
Necessary conditions for Extradition:
The necessary conditions for extradition are:-
(1) There must be an extraditable person.
(2) There must be an extraditable crime.
The object of extradition can be any individual. The crime for which extradition is requested must be a serious crime.
Offences not subject to extradition:
The following categories of offences are not subject to extradition.
(1) Political crime. Most Western countries insist to shelter political refugees. If the real purpose of a request is to prosecute the person for his political opinion rather than for crime itself.
(2) Military Offences. e.g desertion
(3) Religious Offences. e.g the case of Dalai Lama who has been granted asylum in India.
Soveregin Right of State of Asylum.
In this connection, States follow two well accepted principles.
(1) Rule of double criminality
(2) Principle of Speciality
In the first case, extradition is usually confined to serious crimes, which must be also crimes under the law of both of the states concerned.
In the second case the requesting state is under duty not to try and punish the offender for nay offence than that for which he was extradited.
Who are are extraditable persons.
Generally extradition is granted in criminal cases. Two leading cases are:
(1) Mr Sucha Singh was granted asylum in Nepal but when extradition proceedings started against him on the request of Govt. of India for alleged murder of the chief minister of Punjab. Mr Sucha Singh was extradited to face criminal trial in India.
(2) Adolf Eichman - a German wen to Argentina after the defeat of Germany in WWII. In 1960 he was abducted by the Israeli Police. Since the abduction was against the established practice, the Israeli Govt. apologized. However, the Israeli Govt. tried Eichamn and sentenced him to death in 1961.
(2)
Ans When one state surrenders to another state an accused or convicted person, it is called extradition. According to Oppenheim, extradition is the delivery of an accused or convicted individual to the state on whose territory he is alleged to have committed a crime. If an individual commits a crime which is not political one within his country and flees away to another state and takes refuge there then his home country can ask the other country to extradite the offender. the surrender of offender is made in compliance with a formal demand through diplomatic agents and in compliance with a treaty of extradition between the two states. It is sometimes said that asylum ends where extradition begins, in other words, a state has a right to grant asylum (refuge) to fugitive criminals unless it is bound by treaty.
Law and Practice as to Extradition:-
(1) The principle that the offender must be punished by the state of refuge or surrendered to the state which can and will punish him - is universally recognized and adopted.
(2) The state on whose territory the crime has been committed is most competent to try the offender.
Necessary conditions for Extradition:
The necessary conditions for extradition are:-
(1) There must be an extraditable person.
(2) There must be an extraditable crime.
The object of extradition can be any individual. The crime for which extradition is requested must be a serious crime.
Offences not subject to extradition:
The following categories of offences are not subject to extradition.
(1) Political crime. Most Western countries insist to shelter political refugees. If the real purpose of a request is to prosecute the person for his political opinion rather than for crime itself.
(2) Military Offences. e.g desertion
(3) Religious Offences. e.g the case of Dalai Lama who has been granted asylum in India.
Soveregin Right of State of Asylum.
In this connection, States follow two well accepted principles.
(1) Rule of double criminality
(2) Principle of Speciality
In the first case, extradition is usually confined to serious crimes, which must be also crimes under the law of both of the states concerned.
In the second case the requesting state is under duty not to try and punish the offender for nay offence than that for which he was extradited.
Who are are extraditable persons.
Generally extradition is granted in criminal cases. Two leading cases are:
(1) Mr Sucha Singh was granted asylum in Nepal but when extradition proceedings started against him on the request of Govt. of India for alleged murder of the chief minister of Punjab. Mr Sucha Singh was extradited to face criminal trial in India.
(2) Adolf Eichman - a German wen to Argentina after the defeat of Germany in WWII. In 1960 he was abducted by the Israeli Police. Since the abduction was against the established practice, the Israeli Govt. apologized. However, the Israeli Govt. tried Eichamn and sentenced him to death in 1961.
(2)
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