Extradition is a formal process where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction over to the latter’s law enforcement. It is typically used for people who have fled the justice of the jurisdiction where they committed a crime.
The extradition process is regulated by treaties between countries. Not all crimes are subject to extradition, and it generally applies only to more serious offenses like murder, drug trafficking, or terrorism. In addition, some countries refuse to extradite individuals if they risk facing the death penalty or an unfair trial in the requesting country.
Here are a few historical examples of extradition:
- Roman Polanski: The famous film director fled the United States in 1978 after being charged with the statutory rape of a 13-year-old girl. Polanski has lived in France for many years, a country that does not have an extradition treaty with the U.S. for crimes of this nature.
- Julian Assange: The founder of WikiLeaks faced extradition from the U.K. to the U.S. for charges related to leaking classified information. This case has been very complex, with debates over freedom of the press and Assange’s health status impacting the extradition proceedings.
- Carlos Ghosn: The former CEO of Nissan fled Japan for Lebanon while awaiting trial for financial misconduct. Japan does not have an extradition treaty with Lebanon, which has allowed Ghosn to avoid prosecution in Japan.
- Joaquín “El Chapo” Guzmán: The infamous Mexican drug lord, once head of the Sinaloa Cartel, was extradited from Mexico to the United States in 2017. He was convicted on a range of charges related to his leadership of the cartel, including drug trafficking, murder, and money laundering, and is currently serving a life sentence.
- Pinochet: In a historic case, former Chilean dictator Augusto Pinochet was arrested in London in 1998 under an international warrant issued by Spain for human rights violations. Although the U.K. approved his extradition, Pinochet was eventually released on health grounds without being extradited.
- Edward Snowden: A former contractor for the CIA, Edward Snowden leaked classified information from the National Security Agency (NSA) in 2013 concerning widespread surveillance programs. He fled to Hong Kong and then to Russia to avoid extradition to the U.S., where he was charged under the Espionage Act.
- Meng Wanzhou: The CFO of Chinese tech giant Huawei was arrested in Canada in 2018 at the request of the United States, which sought her extradition on fraud charges. After a protracted legal battle, a settlement was reached in 2021.
- Gary McKinnon: In one of the most famous cybercrime cases, the U.K. citizen hacked into 97 U.S. military and NASA computers between 2001 and 2002, causing significant disruptions. The U.S. sought his extradition, but the U.K. ultimately blocked it due to concerns about his health.
Please note that these examples are intended to illustrate the concept of extradition and how it can vary based on jurisdiction, crime, and individual circumstances.
What Is the Basis for International Extradition?
The basis for international extradition is largely governed by bilateral treaties between countries or, in some cases, multilateral treaties that involve several nations, such as those coordinated by the United Nations or European Union. These treaties outline the terms, conditions, and procedures for extradition between the countries involved.
Extradition treaties typically list the crimes for which extradition can be requested. This is based on the principle of “dual criminality,” meaning that the act in question must be considered a crime in both jurisdictions. Some treaties also establish a threshold of seriousness for a crime to be extraditable, often based on the potential sentence.
Extradition is generally refused if the person is at risk of political persecution or if they may face torture, the death penalty, or other violations of human rights in the requesting country. This is known as the principle of “nonrefoulement.” Some countries also refuse to extradite their own nationals.
The general extradition procedure typically involves the following steps:
- Request: The country where the individual is suspected or convicted of committing a crime (requesting country) sends a formal extradition request to the country where the individual is currently located (requested country). This request usually includes a warrant or judgment, details about the person’s identity, and information about the alleged or proven crime.
- Arrest and Detention: If the requested country’s authorities believe the request has merit, they may arrest and detain the person pending further proceedings.
- Extradition Hearing: The person has the right to challenge the extradition in court. The court doesn’t determine the person’s guilt or innocence but assesses whether the extradition request meets the requirements outlined in the treaty and respects the person’s rights.
- Decision: If the court approves the extradition, it is usually up to a government minister (such as the justice minister) to make the final decision. This decision can often be appealed.
- Surrender: If the extradition is approved and any appeals are unsuccessful, the person is surrendered to the authorities of the requesting country.
These steps can vary based on the specific extradition treaty and national laws. Extradition can be a lengthy process, often taking months or even years.
Can a U.S. Citizen Be Extradited to a Foreign Country?
Yes, a U.S. citizen can be extradited to a foreign country, provided the U.S. has an extradition treaty with that country and that treaty covers the crime involved. However, extradition is not automatic, and the process must comply with both the extradition treaty’s terms and U.S. law.
One of the foundational principles of extradition is “dual criminality,” which means the alleged conduct must be considered criminal in both the U.S. and the requesting country. If the crime is not recognized as such in the U.S., then the U.S. government may deny the extradition request.
Additionally, the U.S. will generally not extradite its citizens if they could face certain types of punishment that are not recognized or deemed cruel or unusual under U.S. law. These punishments can include torture or the death penalty in the requesting country.
As with any person facing extradition, U.S. citizens have the right to challenge the extradition in court. The court will examine whether the extradition request complies with the relevant treaty and U.S. law.
While rare, U.S. citizens have been extradited to foreign countries. Each case is complex and decided on its individual merits, considering factors like:
- The severity of the alleged crime;
- The existence and terms of a relevant extradition treaty;
- Potential human rights issues in the requesting country.
What Should I Do if I Have an International Extradition Procedure Pending Against Me?
If you are facing an international extradition procedure, it’s essential to obtain qualified legal representation as soon as possible due to the complexity of these cases. The potential ramifications of extradition are serious, including potential criminal prosecution in a foreign jurisdiction, where you may be unfamiliar with the legal system, language, and customs.
An experienced criminal lawyer can guide you through the process, protecting your rights and interests. They can help challenge the extradition on legal or factual grounds, negotiate with both domestic and foreign authorities, and advocate for you in court.
LegalMatch is an online service that can connect you with a suitable lawyer based on your needs. When you post your case on LegalMatch, local attorneys in your area can review it and, if they’re interested in assisting you, respond with their qualifications, background, and any additional terms.
Every situation is unique, and it’s crucial to get personalized advice. A lawyer can provide you with the most appropriate strategy based on the specifics of your situation, the crime alleged, the countries involved, and the relevant extradition treaty.
Always consult with a lawyer promptly if you are involved in or anticipating possible extradition proceedings. Don’t attempt to handle these serious and complicated matters on your own.
