Non-extradition countries are nations that don’t have a formal agreement to surrender fugitives to other countries. Such countries have enacted national laws prohibiting the surrender of their own citizens to foreign nations. Additionally, some countries lack extradition treaties with specific nations due to political or economic reasons.
This setup often allows individuals who have committed a crime in one country to avoid legal consequences by taking refuge in another non-extradition country. Popular non-extradition countries include Cuba, Ecuador, Venezuela, and others.
- How Extradition Treaties Work
- What Are Non-Extradition Countries?
- Countries with No Extradition Treaty
- Countries with No Extradition Treaty with the US
- Countries Having No Extradition Treaty vs Non-Extraditing Countries
- Countries Without Extradition Treaties Can Still Pursue Justice
- No extradition countries to the UK
- No extradition countries to Australia
- Non-extradition countries in Africa
- Expatriation & Non-Extradition Countries
- The role of INTERPOL's Red Notices
- Need Legal Advice?
- Non Extradition Countries FAQ
An extradition is the legal process facilitated between two countries to extradite fugitives where they have committed a crime. Basically we have a country that surrenders one person to another. This occurs when the person is either charged or is found guilty of a crime in another country. Many steps are followed to facilitate this legal process.
In some cases, the absence of extradition treaties with the US may lead to the formation of a safe haven. They are for those who would wish to stay out of the law’s arms reach. Our extradition lawyers know how to help you with active or passive extradition requests, and develop a formidable Interpol Red Notice defence.
How Extradition Treaties Work
Extradition treaties are formal international agreements between two foreign jurisdictions detailing the terms of mutual legal assistance in serious criminal matters. Basically, extradition treaties facilitate international legal cooperation by coordinating police efforts across borders to apprehend and surrender criminals trying to evade justice. However, the formal extradition process involves several legal steps depending on the countries involved.
What Are Non-Extradition Countries?
Non-extradition countries create challenges for law enforcement agencies as they help individuals avoid criminal prosecution and prison. The lack of such a legal framework between countries may be due to politics, human rights concerns, and legal differences in national laws. These countries also offer refuge to people looking to escape from political persecution and inhumane treatment, like the death penalty in their home countries.
Even in countries where a formal extradition treaty exists, the national security agency may refuse to surrender a suspect due to concerns of human rights abuses. That creates challenges for International law enforcement agencies and can strain diplomatic relations between several countries.
Nations like Ecuador, Cuba, Bolivia, Nicaragua, Iceland, Switzerland, Venezuela, and Zimbabwe, for instance, have formal agreements with the United States yet frequently deny extradition requests. Conversely, countries like Spain and Yemen are known to cooperate in returning fugitives despite the absence of an official extradition treaty.
Countries with No Extradition Treaty
Some Middle East and South Asian countries don’t have formal international extradition treaties with the US and other countries in Southeast Asia. That makes these countries a potential shelter for individuals looking to avoid any legal proceedings and prosecution from the United States. That includes countries like:
- Afghanistan
- Algeria
- Andorra
- Angola
- Cuba
- North Korea
- Somalia
- Syria
- Vietnam
Countries with No Extradition Treaty with the US
The legal procedureof extraditing a person can be complex when dealing with countries that lack extradition agreements with the US, occasionally requiring specific diplomatic arrangements. Countries without bilateral extradition treaties with the US are mostly located in Africa, Asia, the Middle East, and the former Soviet Union. They include:
- Belarus
- Bhutan
- Cambodia
- Central African Republic
- Cuba
- Eritrea
- Ethiopia
- Guinea
- Indonesia
- Iran
- Kazakhstan
- Moldova
- Mongolia
Lack of a bilateral extradition agreement between the U.S. and another country is not always because that jurisdiction refuses to extradite its citizens to the United States. Sometimes, it’s the U.S. that chooses not to establish extradition treaties with specific countries.
This decision can also apply to nations that are heavily dependent on U.S. military or financial assistance, such as Saudi Arabia and Ukraine. That’s because an extradition treaty imposes reciprocal obligations, and it may not serve the US national interests to enter into such agreements with certain countries.
Countries Having No Extradition Treaty vs Non-Extraditing Countries
Countries without extradition treaties with the US are a haven for international criminals looking to avoid legal consequences for crimes committed in America. However, there’s a difference between not extraditing and countries without extradition treaties.
- Countries without extradition treaties indicate a lack of legal systems governing the provisional arrest and surrender of a person wanted for crimes in another jurisdiction. Such countries don’t have to comply with extradition requests from other countries.
- Not extraditing means that a country may refuse to surrender a suspect to the requesting country even if they have signed extradition treaties due to legal, political, humanitarian, or national security considerations. The decision not to extradite depends on factors like the type of alleged crime, possibility of a fair trial, and political or humanitarian implications.
Countries Without Extradition Treaties Can Still Pursue Justice
There are no such things as partial non-extradition treaties. That means that a non-extradition country can still surrender suspects through diplomatic agreements under international law. Such agreements include several exceptions the extradition procedures require strict judicial scrutiny.
For instance, countries like Vietnam and the Marshall Islands don’t have formal extradition treaties with the United States, but consider and even grant extradition on a case-by-case basis. Several other countries don’t have a mutual legal assistance treaty with the United States, but extradition requests can be determined on a case-by-case basis, including:
- Brazil
- France
- Mexico
- Argentina
- Indonesia
- Somaliland
- Transnistria
- Northern Cyprus
- Western Sahara
While such cases are exceptional, relying on these exceptions can be risky. Additionally, countries without bilateral extradition agreements may use other methods to hold offenders accountable. They can deport or prosecute suspects based on their criminal actions and their judicial systems.
Our extradition lawyers know how to help you with active or passive extradition requests, and develop a formidable Interpol Red Notice defence
No extradition countries to the UK
While a large number of countries worldwide extradite alleged criminals to the UK, a few countries have no formal extradition treaties or diplomatic ties. However, the lack of bilateral agreements doesn’t always mean the UK will refuse extradition requests from these countries.
Countries without an extradition agreement or diplomatic relations with the UK might not be bound by legal agreements to surrender individuals, but extradition can happen based on diplomatic relations, bilateral agreements, and political tensions. Here’s a list of countries without such treaties with the UK:
- Afghanistan;
- Algeria;
- Armenia;
- Belarus;
- Angola;
- Azerbaijan;
- Bahrain;
- Benin;
- Andorra;
- Belgium;
- Bhutan;
- Cambodia;
- Lebanon;
- North Korea;
- Somalia;
- Burkina Faso;
- Cabo Verde;
- Djibouti;
- Iraq;
- Libya;
- Syria;
- Indonesia;
- Japan;
- China;
- Pakistan;
- United Arab Emirates;
No extradition countries to Australia
Australia doesn’t have an official extradition treaty even with its nearest neighbor, New Zealand. That means you can’t legally force Australia to surrender or extradite suspects to other countries. However, Australia supports swap deals, except with countries like India, which don’t support such agreements.
Non-extradition countries in Africa
Some African countries have formal extradition treaties with other countries to facilitate international cooperation in judicial matters. That means alleged suspects can be sent back to the requesting country to face criminal prosecution or jail time. However, some countries may deny an extradition request if the requesting country doesn’t have the legal systems to prosecute the suspect.
Other countries refuse to extradite their citizens to foreign countries, making such jurisdictions a safe haven for wanted criminals looking to avoid legal consequences. Such African countries include:
- Somalia
- Eritrea
- South Sudan
- Sudan
- Djibouti
- Liberia
- Burundi
- Guinea-Bissau
- Comoros
- The Gambia
Countries like Eritrea, Somalia, Sudan, and Djibouti have never made an extradition agreement with other countries. However, Liberia once made an extradition agreement with the US but later cancelled it.
Burundi has also faced several challenges with extraditing suspects. The country refused to extradite a terror suspect in 2014, despite having an extradition agreement with Belgium. However, countries like Comoros and Guinea-Bissau don’t have many extradition treaties, but they are Interpol member countries.
Gambia isn’t an Interpol member state, but they have an Extradition Act for surrendering serious criminals like murderers and drug traffickers.
Expatriation & Non-Extradition Countries
Leaving your home country for whatever reason can be hard. You have to learn a new language and cultural sensitivity, which might occasionally feel lonely and leave you thinking of home. However, some individuals need a place where they can start over without worrying about their criminal past leading to prosecution.
Countries like Cuba, North Korea, and Russia are ideal non-extradition countries for individuals looking to avoid prosecution. However, individuals should understand that the lack of a formal extradition treaty doesn’t guarantee that surrender won’t occur. As such, people should check the local immigration laws of the countries they intend to seek refuge in to avoid being dragged to court over time.
Our team of extradition lawyers understands international law and the legal requirements set for foreigners in different jurisdictions. Contact us today to avoid facing extradition – our lawyers protect your fundamental human rights, future, and life.
The role of INTERPOL’s Red Notices
INTERPOL publishes Red Notices to inform member countries to coordinate in the arrest of a wanted person pending extradition and prosecution or similar legal actions. It’s not an arrest warrant, but it can lead to detection and extradition of the alleged criminal. It is a call on police globally to apprehend a person briefly for his or her crime.
The role of INTERPOL’s Red Notices includes:
- Locating fugitives: assisting member countries in identifying wanted people pending extradition.
- Facilitating arrests: Helps law enforcement agencies to provisionally arrest suspects/and other fugitives at their discretion.
- Enhancing cooperation: Red notices facilitate international extradition cooperation in the fight against cross-border crime.
INTERPOL’s Red Notices play a crucial role in the global effort to bring criminals to justice, providing a mechanism for countries to collaborate in tracking down and apprehending fugitives.
Need Legal Advice?
Extradition is a complex legal process that demands immediate and strategic action. If you or your loved one is facing extradition proceedings, contact our legal team today. We offer trusted counsel and unwavering representation across European countries and other jurisdictions worldwide. Speak to an experienced extradition lawyer now before putting your future or human rights at risk!
In the next blog, we will be talking about “Can You Get Arrested at the Airport?“.
Our popular articles:
