Extradition
Literal Meaning:-
The Word Extradition is derived from Latin word ex and trdium which mean delivery of person or to give up.
Definition:-
Extradition is a system in which one state delivers an accuse person to an other state on its demand.
Significant;-
It is the most important topic in international law its significant is estimated from this maxim that Asylum stop where extradition began. Extradition prevails on asylum. This is due to the reason that the world is upheld the criminal justice to assure that a person who commits a crime in a state and run away to another state he must not to be immune on the ground only that he has change the territory.
Basis of extradition :-
i)comity of nation:-
comity of means the courtesy and friendship of nations marked especial by mutual recognition of executive ,legislative ,judicial acts. Extradition is founded on the broad principle that it is in the interest of the civilized communities that criminals should not to go unpunished and on that account it is recognized as a part of the comity of nations that one State should ordinarily afford to another state assistance towards bringing offenders to justice.
ii)Reciprocity;-
Reciprocal means mutual act extradition is based on mutual agreement between two or more states.
Conditions:-
The following are the conditions of Extradition:
i)Double Criminality:-
The crime for which extradition is claimed should be a crime in both requesting and the requested country.
Case Law : Eisber Case (1949);
Held : It Was held that no person can be extradited unless the offence is recognized by the criminal law of both states.
ii) Extradition treaty:
There must be treaty between the requesting state and the state of which the accused is a citizen. It may be a bilateral treaty pluri lateral or multi lateral treaty.
Example of Case:
In Ganga Hijacking Case : Lahore High Court refused to extradite Sikh hijackers to India on the ground that there is no treaty between India and Pakistan for extradition of such criminals.
iii) Principal of Speciality :-
Principal of Speciality means when a person is extradited for some crime, he/she should be tried and punished for commission of such crime and not for commission of another crime.
Exception of extradition ;-
i)Political Offence:
The rules of extradition are not applicable to political offence , so no political offence calls for extradition.
Example;
In The reign of Zi-ul-Haq, Several political workers of Pakistan people’s party settled in different countries of Europe. The Marshal Law government wanted to have them in the country because they were involved in several criminal cases. No Foreign state agreed to hand over them because they considered the charges to be based on political victimization. Moreover, Government of Pakistan had also not entered into any extradition treaty with some of those states.
ii)Double jeopardy;-
Double Jeopardy means double punishment .A person cannot be extradite to punish or persecute for an offence foe which he has already been convicted, or acquitted.
iii)Lapse of time;-
A person cannot be extradite to punish for an offence which is time barred by lapse of time under the municipal of that state.
Extradition in Pakistan ;-
In Pakistan the law which deals with extradition is extradition act 1972. Before this act extradition act 1870/ 1903.
Case law ; Nasrullah khan hanjera vs govt of pakistan
Facts;-
In this case Extradition act 1972 was challenged in Supreme Court of Pakistan on the ground that it is against the article / 15 of the constitution dealing with freedom of movement and right to remain in Pakistan.
Held;-
The Supreme Court held that every fundamental right has an exception and this case fall in exception that to some extant you can restrict the freedom of movement of a person on reasonable grounds.so it is not the violation of fundamental right.
Case law ; nasreen shaheen case vs federation of pakistan
Facts;-
In this cases extradition act 1972 was challenged in supreme court on the ground that it is against the article /227 of the constitution dealing the Islamic injunction .petitioner plea in this case that in Islam there is concept of darul hrab and darul Islam so you cannot give a person to darul hrab who is in darul Islam we can extradition only with Islamic countries but not with non Muslim countries.
Held;-
It was held that it is not against Islamic injunctions and in support of its judgment the Supreme Court gives the example of hudebia treaty. And said that it was clearly mentioned in hudebia treaty that Muslim will extradite the person of Jews even if he is Muslim or not.
Extradition treaties of Pakistan;-
Pakistan has 13 bilateral extradition treaties in force with Parties to the OECD Convention (Argentina; Austria; Belgium; Denmark; France; Greece; Italy; Luxembourg; Netherlands; Portugal; Switzerland; Turkey; and United States). Most of these treaties date back to Pakistan’s pre-independence period.
Procedure of extraction;-
Procedure of extradition revolves on two organ of a state the one is executive and other id judiciary. It means that these organs of sate involves in extradition treaty. If a person after committing an offence in state Pakistan run away to another state America .now this state Pakistan want to extradite this person from such other state America .for this purpose judiciary of Pakistan shall issue an arrest warrant of that person and shall send it to the interior ministry of Pakistan. The interior ministry of Pakistan shall send the request for extradition of such person to the American embassy. The American embassy shall send forward it to the American interior ministry. The American interior ministry shall forward it to American court and court conduct the inquiry known as extradition inquiry. The court shall summon that person and heard him and the representative of the Pakistani govt shall establish the prima face case. If court considers that this person has committed an offence then it shall give order of extradition but not so than it refuse to extradite such person. Now this order shall be forward to American interior ministry and it is on its discretion to follow such order or not. If they decide to extradite such person to Pakistan than in Pakistan he shall be tried and punish or acquittal as the case may be.
Extradition VS rendition;-
Both concepts are similar in this context that in both a state delivers a person to another state on its request. But there is a minor difference between these two terms that are
· In extradition the three conditions must be satisfied 1.double criminality 2. Extradition treaty 3. Principle of speciality.
In rendition the fulfillment of these conditions are not essential.
· Extradition is narrow term.
Rendition is wider term
Extradition and Expulsion / Deportation : -
· Extradition is a system in which one state delivers an accuse person to another state on its demand.
Deportation is process in which a person residing in one state is forcibly removed and turned over to the judicial control of another state.
· Extradition involves consensual cooperation between at least two states.
But expulsion is a unilateral action,
· Extradition applies to criminal actions of the concerned individual.
But expulsion or deportation can take place on many other grounds.
Extradition and Abduction:
· Extradition is a system in which one state delivers an accuse person to another state on its demand.
Abduction is the process of removing an individual from the territory of another state without previously requesting permission, or following normal extradition procedures.
· Extradition is a legal procedure.
Abduction is illegal.
E.g. abduction of Adolf Eichmann from Argentina by Israel in 1960
