Extradition lawyers

Extradition Lawyers

Extradition is a formal process of a country surrendering a wanted person to another country for prosecution or trial for crimes committed in the requesting country. An extradition lawyers can help you fight the extradition process or help facilitate it according to the fugitive’s wishes and the law’s wishes. Sovereign countries don’t have any duties under international law to surrender a wanted person within their jurisdiction. However, bilateral extradition treaties between countries determine the extradition procedures, available defenses, and the scope of the extraditable crimes. 

Ask Extradition Lawyers!

Extradition lawyers

Extradition: general process

Step Description
1. Request for Extradition A foreign country makes a formal request for the extradition of an individual who is accused or convicted of a crime. This request is typically made through diplomatic channels or via an extradition treaty between the countries.
2. Arrest and Detention If the individual is located in the country where the extradition request was made, they may be arrested and detained pending the outcome of the extradition proceedings.
3. Hearing The individual is brought before a court to determine whether they are eligible for extradition. The court will consider factors such as whether the alleged crime is a crime in both countries, whether there is sufficient evidence to support the extradition request, and whether the individual would face a fair trial in the requesting country.
4. Decision The court will make a decision about whether to grant the extradition request. If the request is granted, the individual may be extradited to the requesting country to stand trial or serve their sentence. If the request is denied, the individual may be released from detention.
5. Appeal If the extradition request is granted, the individual may have the right to appeal the decision to a higher court.
6. Extradition If the extradition request is granted and all legal avenues for appeal have been exhausted, the individual will be extradited to the requesting country to face trial or serve their sentence.
7. Sentence If the individual is convicted in the requesting country, they will serve their sentence according to the laws of that country. Once their sentence is completed, they may be returned to their home country.

 

The specific steps and requirements for extradition may vary depending on the countries involved and the terms of any relevant extradition treaties.

Our legal services during extradition cases:

We may summarize our services in each capacity as follows:

  • When Interpol has not launched the extradition procedure, we give useful ideas at a vital point in the process. We also make a preemptive appeal and appear before the relevant country’s Secretariat authorities at Collegium of International Lawyers LP.
  • At Collegium of International Lawyers LP, we develop communication channels and collaborative efforts among our Immigration, Asylum, and Nationality specialists. Attempts are being undertaken to combat the diplomatic pressure of extradition.
  • If detention is necessary, the attorneys at Collegium of International Lawyers LP inform clients on the specifics and circumstances of surrendering to authorities. The presence of legal counsel throughout the questioning process will have a considerable impact on the result of the proceedings, and bail will be simpler to obtain.
  • At Collegium of International Lawyers LP, our attorneys formally inform the authorities that they will be challenging the extradition plea in Court on our client’s behalf and bring in an expert to handle this assignment after briefing them on the complete facts of the case.
  • Extradition rules are continually changing, and the attorneys at Collegium of International Lawyers LP make a concerted effort to stay up to speed. Our customers are regularly kept up to date on the latest developments in the legal processes of extradition.
  • Collegium of International Lawyers LP’s legal specialists employ all of their efforts to get the extradition plea dismissed. To get documents against extradition, we collect case laws, synthesize arguments from our digital database, and seek advice with attorneys across the border.
  • Negotiations are sometimes the best choice for our clients, and in these circumstances, our legal specialists at Collegium of International Lawyers LP constantly protect our clients’ best interests. We serve as intermediaries between the nations’ official representatives in order to find a constructive middle ground.
  • Collegium of International Lawyers LP’s lawyers will represent clients in appeals to the country’s highest courts. Whether it is the Supreme Court, the European Commission for Human Rights (ECHR), or a country’s State Secretariats, we will make every attempt to obtain a favorable outcome for our client.

Our legal team at Collegium of International Lawyers LP has done a great job of getting extradition petitions from nations all around the world refused. We have the expertise and subtlety required to guarantee that our customers receive only the best legal services.

The client’s loved ones are the ones who suffer the most as a result of extradition. Being apart from ones you love is a terrible and heartbreaking experience. Our business, Collegium of International Lawyers LP, has made significant headway in ensuring that such incidents are minimized by thinking outside the box to come up with reasons against extradition petitions.

What is an Extradition Treaty?

An extradition treaty defines the circumstances under which extradition between two countries occurs. It includes a list of agreed crimes that each country agrees to extradite. However, extraditions are also possible without a treaty through diplomatic relations.

Generally, there are five principles that countries must follow under a treaty:

  • Extradition only applies to the crimes mentioned in the treaty.
  • The requested country had to be satisfied that there was a prima facie case made against the wanted person.
  • The fugitive must face a fair trial after extradition
  • Extradition should be made for the crime which the requesting country committed.
  • Applies the dual criminality principle, which means that the crime is an offense in both the sending and requesting countries.

What are the Basics of International Extradition?

The extradition of a fugitive depends on the laws of the countries involved. An extradition lawyer must address four essential questions before the extradition process.

  • Has the requesting country provided probable cause evidence that a wanted person committed a crime?
  • Is the crime committed subject to extradition?
  • Can the identity of the wanted person be confirmed?
  • Are there exemptions applicable to extradition?

What’s the Purpose of Extradition?

A few reasons lead to the extradition of a fugitive:

  1. It’s in the interest of civilized societies that criminals shouldn’t go unpunished. Hence many states should help each other to bring offenders to justice.
  2. A country safeguards its interest by surrendering the wanted persons.
  3. An extradition is an act warning criminals that they can’t escape punishment for crimes committed by going to other countries.
  4. Extradition is a step closer to achieving close international cooperation by solving crimes internationally. 
  5. The requesting nation is better positioned to try the offender, as they have evidence for the crimes committed.

Are there Exceptions to Extradition?

Several factors influence extradition, even when two countries have an existing treaty. These include;

  • Political crimes– Generally, a country won’t grant extradition of a fugitive wanted for a political crime. However, it’s up to the foreign country to determine what constitutes a political crime.
  • Nationality- Most countries don’t extradite their citizens to other countries. However, if there is a treaty between the countries, they might consider and extradite the fugitive while also considering any other condition is met before deporting them.
  • Dual criminality– At times, a requesting country fights for extradition on the grounds that the foreign country holding the individual can’t punish them for committing the crime within its borders.
  • Forms of punishment- Some countries refuse extradition requests if the wanted person faces severe punishment such as torture or death.
  • Double jeopardy– At times, a mistake in extradition might lead to the person being convicted twice for the same offense. If the person has already served punishment or been convicted for a crime, then there is the exception of extradition

What are the alternatives to International Extradition?

Here are a few alternatives to extradition that countries practice.

  • Waiver– It’s the least contentious alternative, where a wanted person can waive the extradition process and agree to the transfer to the requesting country.
  • Deportation- Instead of extradition, some countries agree to deport a wanted person, even outside any administrative process.
  • Extraordinary rendition– This alternative means that a fugitive is forced out of a country of refuge and deprived of access to its judicial process. However, human rights groups claim that this option is illegal.
  • Foreign Prosecution: The option involves the foreign country prosecuting the wanted person/ it happens if the fugitive is national of the country and hence not extraditable.

What are some of the Defense Strategies for Extradition Proceedings?

These include:

  • Treaty Exceptions

Extradition treaties contain exceptions to any extradition request between the countries. These exceptions protect potential defendants who would otherwise be subject to extradition under normal circumstances.

  • Doctrine of Specialty

The doctrine of specialty clearly states that a fugitive, once extradited, will only be prosecuted for the alleged crimes that formed the basis of the extradition request. In some cases, it’s possible to prevent extradition based on evidence of an intent to violate the doctrine of specialty. An attorney should ensure that they do thorough research to defend you.

  • Statute of Limitation

It’s crucial to remember that the statute of limitations is not common universally. Most countries’ extradition treaties state that an extradition request can’t go through if the statute of limitation for the purported crime has expired in the requesting country.

  • Procedural Defenses

Failure to satisfy any procedural requirements necessary for extradition can provide a partial or complete defense. Any extradition lawyer needs to carefully check all aspects of an extradition request to determine if this is a plausible defense.

  • Lack of Probable Cause

In order to grant an extradition request, the sending country must ensure that it satisfies the constitution’s probable cause requirement. If the requesting country doesn’t meet the requirement, then the sending country can’t permit the extraction request.

  • Sixth Amendment Violations

Nations can prevent extradition in cases where a delay in seeking extradition affects the sixth amendment right to a fast trial. If there’s evidence that the requesting county hasn’t actively pursued steps necessary to extradite them, this defense is available.

What are some Qualities of a Great Extradition Lawyer?

  • International human rights experience

When facing extradition, you want an attorney with experience in international human rights who knows their way around the judicial system. While looking for an extradition lawyer, ensure they provide you with their past success cases in that field.

  • Confidentiality

All you discuss with your lawyer needs to stay between you and the. Breach of information can hurt your case and is also unethical for the lawyer. Attorney-client privilege is, therefore, very crucial.

  • Aggressiveness

An attorney passionate about human rights will use aggressiveness at the right time, thus resulting in a better outcome for you.

  • Great research and investigation skills

Extradition involves a lot of research and time. Your attorney needs to research every aspect of extradition that benefits you.

Final Thoughts

An extradition attorney must carefully and thoroughly check all areas of the extradition request. They should be able to determine if your case merits defense strategies that will be important in your case. 

The extradition process varies depending on the circumstances of the case and the nations involved. Hence it’s important to have a legal strategy in both the requesting and sending countries that attorneys consult.

FAQ about Extradition ?!

What is extradition?
Extradition is the transfer of a person to a nation outside of the United Kingdom when the sought individual is charged or convicted of criminal offenses in another jurisdiction and must face prosecution or serve a criminal term in that jurisdiction. The United Kingdom has extradition accords with numerous nations that govern when and how extradition can be used. Extradition, for example, might be rejected for military or political grounds. Extradition is frequently rejected to jurisdictions that use the death penalty.
How does the UK extradition process work?
The extradition procedure in the United Kingdom differs based on the state making the request. The process for governments to obtain a European Arrest Warrant (EAW) involves the following steps:
  • The filing of an EAW (typically electronically, via an alert posted on the SISII, or Second Generation Schengen Information System)
  • A certificate is awarded as a result of a proportionality test.
  • An arrest has been made.
  • A preliminary hearing
  • Extradition proceedings
Extradition procedures for governments that do not issue EAWs, often known as category 2 territories, include:
  • Making an extradition request to the UK Secretary of State
  • The Secretary of State's decision to certify the extradition request
  • The judgment of a judge on whether to issue an arrest warrant
  • The arrested person is being hauled before the Court.
  • A preliminary hearing is scheduled.
  • Extradition proceedings
  • The Secretary of State's judgment on whether to extradite
Can I appeal an extradition decision?
Yes. EAW requests and category 2 extradition requests can be challenged. You should be aware, however, that the state requesting your extradition has the right to appeal a judgment.
How can I appeal an extradition decision?
If you are the subject of an EAW, you can apply to the High Court for leave to appeal. You must then file an appeal within seven days of receiving a ruling on your extradition. Your appeal will be heard if the High Court grants you permission. If your appeal is successful, the extradition order will be revoked. If you disagree with a High Court judgment, you can appeal to the Supreme Court - this only applies in England, Northern Ireland, and Wales. In Scotland, the Supreme Court will only hear an extradition case when it raises a 'devolution question'. The High Court or the Supreme Court can grant permission to appeal. A matter can be appealed to the Supreme Court only if it concerns a question of law of wide public interest. The appeal will be heard if permission is granted. If you are the subject of an extradition request from a category 2 state, you can appeal in the High Court a judge's decision to refer your case to the UK Secretary of State. Any authorization application must be filed with the High Court within 14 days of the date of the judge's decision. But, the High Court will not consider the appeal unless and until the Secretary of State orders the extradition of the desired person. If you are dissatisfied with the High Court's ruling, you may petition for leave to appeal to the Supreme Court. Within 14 days following the High Court's judgment, an application for leave to appeal must be filed. Approval may be given by either the High Court or the Supreme Court. Appeals to the Supreme Court may be filed only if the High Court certifies that the matter involves a question of law of wide public concern.
How do I challenge an extradition request?
Extradition requests are disputed in court, and the repercussions of extradition are frequently used to argue the defendant's case. Personal circumstances, family separation, the potential of cruel treatment where the individual is being extradited, humanitarian reasons, and hardship petitions are all possible. Everything is presented to the appropriate legal venues in the aim of obtaining relief from extradition. A qualified expert will be well-versed in the subject area and will know how to properly argue the case.
What is the difference between a Category 1 and Category 2 territory?
Prior to the United Kingdom's exit from the European Union, a limited number of territories were referred to as Category 1 territories. But, with Britain's leave, all European nations, including Gibraltar, are now classified as category 1 territories. In terms of the contrast between categories 1 and 2, category 1 territories are those that deal with extradition formalities under Part 1 of the Extradition Act (2003). Any extradition agreements made between the United Kingdom and the European Union after December 31, 2020, will be based on existing conditions. Part 2 of the Extradition Act governs extradition judicial processes in Category 2 territories (2003). Several nations have separate and different treaties with the UK, which are founded on mutual interests. Category 2 areas are further subdivided into A and B. Category A individuals are exempt from providing obvious and first-impression evidence in support of their extradition request. Category B nations, on the other hand, are required to bring such proof.
Interpollawfirm
whatsup Viber Telegram E-mail