Political Extradition

Time limits are extremely compressed in extradition proceedings. In the UK, you must appear before Westminster Magistrates’ Court within 48 hours of arrest. In EU states operating under the European Arrest Warrant system, consent hearings occur within days. Critically, applications for interim measures to the ECHR under Rule 39 must often be filed within hours […]

Refugee status is highly relevant but not automatically determinative. Under the 1951 Refugee Convention, states should not return refugees to countries where they face persecution. Courts will give significant weight to a prior asylum decision, particularly if it was based on the same allegations underlying the extradition request. However, the extradition court conducts its own […]

Requesting states do sometimes attempt to repackage failed requests with modified charges or additional evidence. However, the principle of abuse of process can bar successive requests that are materially identical or represent continued political harassment. Courts examine whether new information genuinely changes the case or whether resubmission constitutes oppression. Additionally, if Interpol’s CCF has deleted […]

Courts apply a fact-intensive analysis examining multiple factors: the timing of charges relative to political activity, statements by foreign officials indicating political motivation, country condition reports from the UN, State Department, and NGOs, treatment of similarly situated individuals, independence of the requesting state’s judiciary, and any prior asylum determinations. Expert witnesses on the requesting state’s […]

Extradition hearings are generally conducted in open court, and reporting restrictions are granted only in exceptional circumstances — typically involving national security or vulnerable witnesses. However, certain procedural steps can limit exposure: requesting that sensitive evidence be reviewed in closed session, opposing unnecessary disclosure of personal details, and timing applications strategically. In some jurisdictions, early […]

Most extradition treaties require dual criminality — meaning the conduct must constitute a criminal offence in both the requesting and requested states. If the alleged conduct is not criminalised where you are located, this provides a strong ground to resist extradition. However, courts assess whether the underlying conduct (not the specific charge name) would be […]