Extradition Agreement Definition

Posted on: September 20th, 2021 by designer No Comments

The extradition procedure is subject to two factors: the existence of a binding extradition agreement and the municipal laws of the country from which extradition is requested. Australia and all countries should exercise caution in processing extradition requests or amending extradition legislation. When problems arise, they reveal the frustration inherent in a system based on goodwill and cooperation between countries. A large number of civil society organizations, economic and legal groups and international bodies have expressed serious concerns about the Extradition Act. Alvarez tried to dismiss the charge, saying the Federal District Court did not have jurisdiction to try him because his abduction violated the extradition treaty. The Regional Court accepted and dismissed the charge. == The Ninth Circle Court of Appeals upheld and found that the abduction was contrary to the underlying purpose of the contract to provide a legal means of bringing a person to the United States for prosecution. On appeal, the U.S. Supreme Court rejected the use of the treaty by lower courts as the basis for banning Alvarez`s trial. Justice William H. Rehnquist, who wrote for the majority, found no provision in the treaty that kidnapping was prohibited.

He also asserted that the treaty “is not the only way for one country to obtain the detention of a national of the other country for repressive purposes.” It concluded that Alvarez`s abduction did not preclude Alvarez`s trial in U.S. court on criminal charges. Justice John Paul Stevens presented a very different opinion, with Justices Harry Blackmun and Sandra Day O`Connor. According to dissent, Alvarez`s abduction was a flagrant violation of international law and encroaches on Mexico`s territorial integrity. Some countries, such as France, Germany, Austria, China, Japan and the Russian Federation, have laws prohibiting the extradition of their respective citizens. Others, like Israel, prohibit the extradition of their own citizens in their constitutions. Others provide for such a prohibition in extradition agreements and not in their laws. Such restrictions are sometimes controversial in other countries, for example when a French citizen commits a crime abroad and then returns to his or her home country to escape prosecution. [5] However, these countries apply their criminal laws to foreign citizens and convict citizens suspected of committing crimes committed abroad in accordance with their own laws.

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