International Extradition Defence by Lawyers & Attorneys

Extradition is a complex and multifaceted process governed by various international conventions and bilateral or multilateral treaties between different countries. The extradition process is always complicated by the specifics of the different legal systems in the countries involved, which creates additional difficulties in the execution of requests. Extradition is also related to international criminal law and international crimes.

In such matters, it is imperative to seek expert legal advice from an International extradition lawyer, since not every lawyer understands the complex international laws applied. With the right extradition specialists, overseas nationals may obtain bail, challenge the extradition order from the requesting state, and get favorable outcomes from their cases.

Extradition meaning

Extradition is the legal process by which foreign governments formally request the surrender of an individual from another country to face criminal charges or serve a sentence for a crime committed in the requesting country.

The purpose of extradition is to ensure that individuals are prosecuted and punished for their crimes even if they escape to another country. This process typically involves different stages, and you will need an international extradition criminal defense attorney to help you with the proceedings.

What legal framework of extradition? 

The legal framework for extradition requests is built on several components, including international treaties, national laws, and customary international law. Here’s a breakdown of the main elements:

1. International Treaties.
   Extradition treaties are formal agreements between two or more countries outlining the terms and conditions under which requests will be honored. Key points typically covered in these treaties include offenses qualifying for extradition proceedings, procedural requirements, and exceptions like the risk of torture, political offenses, and more.
2. National Laws.
   Each member country has its laws governing the process and criteria for extradition. That’s why you will need an extradition specialist who understands extradition in international law and local regulations to help you with everything from the initial hearing to the moment you stand trial.
3. Customary International Laws.
   Customary international law, which consists of practices and legal norms that have evolved, also influences extradition practices.
4. Human Rights Considerations.
   Human rights laws and conventions, such as the European Convention on Human Rights (ECHR), play a significant role in the process.
5. Mutual Legal Assistance Treaties (MLATs)

Grounds for extradition

A foreign country can request for extradition on various grounds, generally based on the severity and nature of the crime committed. Here are some common grounds for facing extradition:

1. Issued extradition order. The proceedings start with an extradition request, which must meet the requirements of international treaties or conventions. That includes national arrest warrants for individuals to ensure their detention and subsequent extradition proceedings followed.

2. Serious International Crime. Extradition is typically requested for serious criminal offenses (international crime) that are recognized as crimes in both the requesting and requested countries. That includes serious offenses like drug trafficking, money laundering, and war crimes.

3. Dual Criminality. The principle of dual criminality requires that the alleged offence for which extradition is requested must be a crime in both the requesting and requested countries. This ensures that both legal systems recognize the severity of the offense.

4. Existence of an Extradition Treaty. Extradition is more straightforward when there is an existing treaty between the two countries. These treaties outline specific grounds and procedures for extradition, ensuring mutual legal recognition and cooperation.

5. Statute of Limitations. The requested country must guarantee that the statute of limitations for the crime has not expired in the requesting country.

6. Specialty Principle. The requested country must guarantee that the requested person will only be prosecuted for the crimes specified in the extradition request and not for any other offenses that may have been committed.

These grounds ensure that the process of extradition is fair and just, balancing the need for international cooperation in criminal matters with the protection of individual rights.

What are the stages of the extradition process?

Extradition requests are governed by the laid out legal principles, and typically involve several stages, each with specific legal and procedural steps. Here’s an overview of the stages:

1. Extradition request initiation and documentation
2. Review by the Requested Country (Preliminary Assessment and Legal Compliance) 
3. Arrest and Detention (Provisional arrest)
4. Extradition Hearing (Judicial Review)
5. Appeal Process
6. Surrender of the Individual (Logistics and Handover)
7. Post-extradition (Legal Proceedings and Monitoring Compliance)

There may also be additional stages in the extradition, which may include requesting for expert testimony, requesting additional documents from the requested country, interviewing witnesses, or collecting additional evidence to confirm the impossibility of extradition.

Is it possible to obtain bail in extradition cases?

The bail can be allowed in extradition cases, but it depends on the specific legal framework of the country requesting the extradition and the circumstances of the case. Here are some key points about bail in the context of extradition:

Criteria for Granting Bail: Risk of Flight, Seriousness of the Crime, Connections to the Country, Health and Humanitarian Concerns;

Conditions of Bail: Financial Security,  Restrictions on Movement, Regular Reporting, Electronic Monitoring.

International Variations

United States: In the U.S., bail in extradition cases is generally considered under the Extradition Act and relevant case law, with judges having discretion based on the perceived risk of flight and other factors.

United Kingdom: In the UK, the Extradition Act 2003 provides provisions for bail, but it also allows judges to consider the risk of absconding and other relevant factors.

European Union: In the EU member states, the European Arrest Warrant framework allows for bail under certain conditions, with variations across member states.

Our extradition solicitors will help you obtain bail if you are facing an extradition in Europe.

What is a denial of extradition?

A denial of an extradition request occurs when one country refuses to surrender a person to another country for prosecution or punishment for crimes committed in the requesting country’s jurisdiction. This decision can be based on various legal, political, and humanitarian reasons. Here are some common reasons for the denial of extradition requests:

• Political persecution;
• Risk of Unfair Trial or Punishment;
• Lack of Dual Criminality;
• Human Rights Concerns;
• Nationality;
• Insufficient supporting documents.

Each country has its laws and treaties governing extradition, so the specific grounds for denial can vary.

Our extradition attorneys are practicing lawyers in various countries and will represent you in extradition cases against the district judge, Westminster magistrates court, high court and the supreme court. Whether you want to prevent extradition on human rights grounds or to avoid political persecution, our defense extradition lawyers will give you the best advice and representation.

Protection against extradition

Protection against extradition must be handled by an experienced lawyer who understands the legal and procedural mechanisms stipulated by the laws of the country where the individual is located. Here are several ways that defense extradition lawyers can protect you from extradition.

• Obtain Asylum;
• Proof of political motive for criminal persecution;
• Violation of dual criminality requirement;
• Serious risk of human rights violations (fair trial, right to health, and others );
• Serious risk of harm to physical or mental health;
• Violation of the double jeopardy principle;
• Violation or non-compliance with the principles of extradition conventions and treaties;
• Diplomatic Interventions.

Each case is unique, and the availability and effectiveness of these protections can vary based on the specific circumstances and legal frameworks involved. Extradition law specialists are crucial for navigating these complex situations.

Why is it important to make a legal defense strategy with an attorney?

Making a legal defense strategy with extradition lawyers UK is crucial for several reasons, especially in complex matters such as challenging extradition or criminal defense. Here are key reasons why this is important:

• Expertise and Knowledge: Extradition solicitors have specialized knowledge of the law and legal procedures involved in successfully defending extradition requests from different countries. They understand the intricacies of the legal system and can navigate it effectively, ensuring that your rights are protected throughout the process.
• Case Assessment: Experienced extradition lawyers can evaluate the strengths and weaknesses of your case, identifying key issues and potential defenses. This assessment is critical for developing a robust strategy tailored to your specific situation.
• Evidence Handling: Properly gathering, preserving, and presenting evidence is essential for a successful defense.
• Procedural Knowledge: Legal processes are governed by strict rules and procedures. Any attorney experienced with extradition matters will ensure all your legal documents are filed correctly and on time. Your attorney will also ensure that procedural rules are followed, preventing potential dismissals or unfavorable rulings due to technicalities.
• Stress Reduction: Legal proceedings can be highly stressful and overwhelming. Having an extradition solicitor manage your case can alleviate some of this stress, allowing you to focus on your well-being and other important aspects of your life.
• Working with reliable extradition law firms to develop a legal defense strategy is essential for ensuring your case is handled professionally and effectively. Their extradition expertise gives you the best possible chance of achieving a positive result.

Our lawyers work with international extradition cases

Dmytro Konovalenko is a successful international extradition attorney with experience handling extradition cases in Europe. Dmytro has helped clients with complex extradition cases from Denmark, Germany, Spain, Ukraine, Moldova, and the United Arab Emirates.

Anatoliy Yarovoy is a leading extradition and INTERPOL partner. Anatoliy has extensive experience in handling extradition arrangements from Cyprus, the United States, Canada, and Latin America.

Our successful cases in extradition defense

We have an extradition example of successfully defending a client against extradition from Denmark to Turkey to serve a 6-year prison sentence. We provided evidence that convinced the court that extradition would violate the client’s right to access fair justice. 

In another case, we obtained a denial of extradition due to the statute of limitations on the execution of the sentence. We were also successful in protecting an asylum seeker from extradition to Moldova. The court refused to extradite him due to the risk of violation of the asylum seeker’s rights. 

How can our lawyers help in defending against international extradition?

With the best extradition lawyers, we will efficiently handle the whole process involves these simple steps:

1. Case study: The process begins with our extradition expert analyzing your case and forming a strategy. We do not take any fees for this stage. Only if you are satisfied with the strategy, we will start further work. At this stage, you must provide us with all the necessary documents or provide us with all the important details of the case.

2. Representation in court during provisional / extradition detention;
3. Challenging an arrest warrant;
4. Filing an appeal against a decision on temporary / extradition arrest;
5. Collection of evidence to prove the impossibility of extradition (submitting requests, questioning witnesses, obtaining other materials);
6. Appeal an extradition decision in court;
7. Filing an application for temporary suspension of extradition under the rule of Article 39 of the European Court of Human Rights.

In any extradition case, there are various legal mechanisms to help clients avoid facing extradition. Various practices show that there are numerous cases of extradition denials at every stage. However, this outcome mainly depends on a properly built strategy by the extradition lawyers.

Our firm has a network of International lawyers which allows us to pursue legal action at the national level, strengthening our ability to gather evidence of violations to get a favourable outcome. Our association with organizations like the International Bar Association and European Criminal Bar Association also strengthens our connection with global lawyers for better outcomes.

Conclusion

Although extradition is a complex legal mechanism governed by international law, there are many cases of successful protection of clients from extradition to different countries around the world. In this case, extradition lawyers have a clear strategy to protect clients in different situations and will always be able to find ways to protect the rights of clients.

Dmytro Konovalenko

Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)

Lawyer, an expert in extradition and Interpol. He is a member of the International Bar Association. For more than 5 years he has been defending clients against international wanted notices from the USA, Russia, Uzbekistan, Ukraine, and other countries. Dmytro has had a positive experience in taking preventive measures to block the search at the initial stages. Dmytro specializes in the defense of economic, political, and war crimes

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+357 25 059 684

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