HomeExtradition Lawyers & Defence Attorneys
If you commit a crime in another country, evading punishment can be quite challenging. Primarily, this is due to the establishment of relationships between different countries. Still, it’s important to remember that the extradition process doesn’t always take into account the rights and lawful interests of the individual concerned. For this reason, at the slightest threat of extradition, seeking professional legal assistance is essential.
It’s extradition solicitors who will help you during the process, considering the entire situation within the confines of the law. Moreover, it’s essential to seek legal assistance immediately – after receiving a request from Interpol or a foreign state regarding an individual’s whereabouts. As a result, the solicitor will provide their client with the necessary advice, explaining how to behave properly, what actions and steps should or should not be taken.
What is Extradition?
Extradition is the process of transferring an individual from one country to another so that they can be held accountable for a crime committed, in accordance with the laws and regulations of that country. The essence of extradition lies in ensuring that a specific citizen can face criminal responsibility, be brought to justice to serve their sentence, and so forth.
As a result, all extradition requests are satisfied taking into account the following list of objectives and tasks:
- to have the person sent to serve their punishment;
- to hold someone accountable;
- for a person to be convicted of a committed crime.
There exists a specific agreement between different countries of the world, that allows for the regulation of the extradition process. In this way, the entire process is organised and free from unwanted force majeure events.
The Process of Extradition
Under the extradition law, the procedure begins with the process of submitting an extradition request to the government of another country. Moreover, the consideration of this request takes place not only through judicial proceedings (federal court) but also in the office of the Secretary of State. When reviewing the request, a decision will be made on whether or not to extradite the suspect to another country.
The regulation of international extradition is facilitated through a specific extradition treaty, drawn up between the two main parties involved in the process – the requesting country and the country where the individual currently resides. However, federal courts in various countries are quite limited in resolving the issue at hand. Their limitations pertain to both their powers and the specific scope of conducting an investigation into the matter.
Thus, the extradition process can be divided into several important stages:
- Preparing and submitting an extradition request. The requesting country must prepare the appropriate request for the foreign office. This could be a provisional request for extradition, a preliminary request for the arrest of a specific individual with the intention of their extradition.
- Request for consideration to the Ministry of Justice. The next step involves sending a request from the state department to the Ministry of Justice. Only after this is the request forwarded to the Crown Prosecution Service.
- Issuing a warrant for the arrest of a specific individual. A prosecutor can only issue an arrest warrant after the extradition target has been precisely identified.
After that the main proceedings begin. During the hearing, the magistrate’s task is to inform the person facing extradition about their rights as outlined in the constitution. This list of rights includes the right to a personal solicitor to defend their own interests. Prior to the extradition hearing, it is indeed the magistrate who considers whether to release the suspect on bail.
In various situations, the final decision may rest with the Home Secretary, who takes into account all the outcomes of the court hearing and the arguments of every participant in the process. In certain cases, the consideration of such matters takes a minimal amount of time, while at times more time is required (for example, if a hearing is to be contested).
The precise number of stages, the characteristics of the process, and the timelines for consideration vary depending on the specific extradition regime. Such regimes differ depending on the country that is acting as the requested party in the procedure.
Despite the extradition regime and other formalities, the process in question is considered to be quite complex, and therefore it is impossible to manage without the support of qualified specialists. Our extradition lawyers are ready to assist you through the entire process, providing comprehensive support for each of their clients. Our firm employs experienced solicitors who know exactly how to adhere to the laws correctly, without violating them, while competently defending their client’s rights and obligations.
Crimes Warranting Extradition
There’s a specific list of crimes that require extradition. Moreover, this list includes all criminal actions that are considered illegal by both the requesting and the requested countries. The most common crimes requiring extradition are:
- human trafficking;
- financial machinations;
- theft;
- violent crimes;
- terrorism and much more.
The following individuals may be subject to extradition:
- citizens of another country – foreigners;
- individuals who are stateless (or are citizens of multiple countries – possessing dual or multiple citizenships);
- citizens of the country that resorts to the extradition process.
Today, practically every country has the right to submit a request asking for the extradition of a specific individual in the following common situations:
- if any offence has been committed within this country’s territory that leads to criminal liability;
- if the individual who has committed any crime is a citizen of this country (holds the relevant nationality);
- if a crime committed by a particular individual is considered to be in contradiction to the interests and norms of the state or causes specific harm to the state.
Experienced international extradition solicitors will consult with every potential client and explain whether the crime they have committed is one that may require extradition.
Can Request to Extradition be Denied?
Certain cases and various situations are considered, during which it is possible to reject an extradition request, resulting in the non-extradition of a specific individual. Therefore, even the presence of an arrest warrant and an active extradition treaty does not guarantee that the process of transferring a person from one country to another will occur.
Refusal may be issued for the following common reasons:
- Adherence to the “non bis in idem” principle (one cannot be tried twice in a row for the same offence).
- If, due to health reasons, a person cannot be extradited to another country or because of the potential harm to their health if they were to be extradited.
- If there is a direct threat of the death penalty being applied to an individual (this is characteristic of those countries that do not uphold the death penalty law).
- If there is a direct threat of possible torture, the use of other violent methods of punishment, which are considered cruel and inhumane.
However, none of the aforementioned cases provides a 100% guarantee that an extradition request will be denied. When considering each situation, all legal nuances and significant details are taken into account.
What is a Waiver of Extradition
Regardless of the stage at which the extradition request process is, the accused has the full right to refuse this procedure. As a result, such refusal will be considered as consent to extradition to a specific country without a preliminary hearing.
To cancel, you will need to complete a few simple and straightforward steps:
- Sign the document – a written refusal.
- Attend the organised hearing before the magistrate.
All of this confirms the suspect’s desire to refuse further official hearing of the case, from extradition.
INTERPOL Red Notice vs Extradition: What’s the Difference?
The Extradition Lawyers Association highlights another primary reason for seeking assistance from professionals and entrusting them with the management of one’s case from start to finish. Even in the event of an extradition refusal for their client, an experienced solicitor continues their work, as there is always a risk of receiving a “Red Notice”.
One shouldn’t confuse such common concepts as a “red notice” and an international arrest warrant. The former is about the possibility for foreign governments to collaborate together. The main goal is to detain the accused/convicted person for a specific criminal offence until an extradition request is received.
The country that issued the “red notice” must, even after the arrest of a specific individual, send a formal request for extradition. Consequently, the detained person will face legal proceedings and their case will be considered in court (Supreme/High Court). However, an individual will not be extradited to another country against their will for two common reasons:
- if the requesting state does not provide the necessary set of documents for the proper arrangement of the planned procedure;
- if a person can prove in court that they are being extradited unlawfully.
All individuals are issued with a “red notice” if they have been declared wanted or have been entered into Interpol’s general database.
Checking whether someone has a “red notice” issued against them is quite straightforward, as all the information is available on Interpol’s official website. However, access to this information is exclusively granted to law enforcement officials. With the assistance of a solicitor, one can submit a personal request to Interpol to find out all the information about oneself. Our experts are ready to assist in addressing this issue, offering comprehensive advice to each client.
Can Bail Be Granted in Extradition Cases?
Bail is considered one of the most well-known measures in place today, during which there might be a pause or a complete refusal regarding the extradition process. This refers to civil litigation, in which all possible Federal Rules of Criminal Procedure will be reviewed as a guideline. However, this does not guarantee that the court will adhere to these rules.
To achieve this, the following mandatory tasks and requirements will need to be completed:
- provide all evidence that the individual does not intend to flee (there is no risk of absconding immediately after bail is granted);
- providing all the evidence that an individual is considered safe for society, poses no threat to others;
- provide various circumstances that may contribute to further release on bail.
Moreover, in the latter case, all circumstances will be considered on an individual basis, as they depend on a multitude of factors. Here, we are talking exclusively about compelling circumstances. For example, the person is the only one who can provide proper care and attention for a young child or an elderly person (a relative).
Which of our lawyers work with Extradition Requests?
Dmytro Konovalenko, is a lawyer with many years of experience in dealing with the Interpol and extradition cases. Dmytro has successfully challenged extradition for clients from Europe, Asia, the Far East.
Anatoliy Yarovyi, lawyer, Doctor of Laws. Anatoliy specializes in appeals against INTERPOL Red Notices and extradition requests.
Can I Challenge the Extradition Requests?
Every suspect has the right to challenge the extradition request, and to appeal. Moreover, all issues that will be considered in this order are limited to the following
- Does the court have the necessary jurisdiction to consider such requests (regarding extradition)?
- Was the alleged crime included in the list of those initially outlined in the extradition agreement?
- Is there sufficient evidence to believe that the accused is guilty of the alleged crime?
However, it’s worth noting that avoiding extradition in court is quite difficult. It’s particularly challenging to evade such consequences if it involves a country with which the state has an active extradition treaty. But having a good solicitor can increase the chances of successfully concluding the case.
Main Grounds for Challenging an Extradition Request
- Human rights. Extradition will be rejected if there are legitimate fears of human rights violations. Lawyers often cite striking examples from other cases, stories of criminals in that country, where similar crimes have already led to human rights violations on multiple occasions. It’s crucial to find a specialist with experience in international law, as knowledge of the laws, standards, and human rights in various countries will be required.
- Location. The refusal of a request is made after it has been proven that the country submitting the request is not the best place for the prosecution of the accused individual. If requests are submitted simultaneously from different countries, it is specifically extradition lawyers who will assist in choosing the country whose laws are considered more lenient towards the accused.
- Double jeopardy. This refers to a specific defence mechanism that prevents an individual from being prosecuted for the same offences more than once. Moreover, extradition can be refused even if the person was acquitted at the first trial. According to the rules of double jeopardy, an individual cannot be extradited for the purpose of facing the same charges again.
- Time. In the process of considering the case, the specific timing also holds particular importance: how much time has elapsed since the crime was committed to the submission of the extradition request. Another factor that influences the decision-making is the age of the accused.
- Hidden Motive. Before agreeing to an extradition request, a judge must be absolutely certain of the primary reason behind it. A reason is considered lawful if it necessitates that the accused must appear before the law to answer for their crimes. However, in practice, a hidden motive behind such requests is often noted: for example, the recovery of a debt or similar. In such instances, the request will be immediately rejected.
Our team of solicitors will do everything possible to provide expert assistance. After all, not every citizen is familiar with the various grounds for challenging an extradition request. Therefore, a lack of knowledge about one’s rights and responsibilities often becomes the reason why the accused is sent to another country, despite there being every chance to avoid such a procedure.
Where to Seek Legal Help?
If you’ve encountered an issue with extradition and believe the process to be unlawful, you’ll require the services of our extradition solicitors, who can swiftly and adeptly find a solution to your predicament. We have experience in resolving matters of varying complexity, offering services related to the consideration of extradition requests, both to and from specific countries.
Our solicitors possess profound knowledge in this field, along with the necessary experience in resolving various issues within this sector. We are always on our client’s side, employing a tailored approach in our work and meticulously analysing each individual case.
If you’re facing issues related to extradition, it’s not wise to put off dealing with them. Seek professional help and support from our company. Drop us a line for a more detailed consultation on the specific questions you’re interested in.
How long does the extradition process take?
The extradition process can vary significantly, taking anywhere from a few months to several years. Factors influencing the duration include the complexity of the case, the country’s legal system, the availability of appeals, and whether the case involves international treaties or special diplomatic considerations.
Can I be released on bail during an extradition case?
Yes, you may be eligible for bail during an extradition case, but it is not guaranteed. The court will consider factors like the severity of the charges, the risk of flight, the likelihood of extradition, and whether you pose any threat to public safety. Bail conditions may be strict if granted.
What are the possible defenses against extradition?
Common defenses against extradition include:
- proving that the charges are politically motivated;
- showing that extradition would violate human rights;
- arguing that the crime is not recognized in both countries (dual criminality);
- pointing out procedural errors in the extradition request.
Additionally, demonstrating that you would face unfair treatment or persecution in the requesting country could also be a defense.
Who decides if I should be extradited?
The decision to extradite is primarily made by the court, which reviews the legal grounds for the extradition request. In many countries, after the court’s decision, a government official (such as a minister of justice or a similar authority) must also approve the extradition before it is finalized.
Can I be arrested and detained pending a request for extradition?
Yes, you can be arrested and held in custody while authorities await a formal extradition request. This is often done if there is a risk that you may flee or if there is probable cause to believe you will be subject to an extradition request.
Can I be extradited if the crime is not recognized in my country?
Generally, no. Under the principle of dual criminality, you cannot be extradited if the alleged crime is not considered a crime in both the requesting country and your own. This principle ensures that you are not extradited for actions that would be legal in the country where you are currently located.
