Extradition treaties are formal agreements between two countries that outline the legal framework for the extradition of individuals who are accused or convicted of crimes in one country and are found in the other. Read here to learn more.
Such treaties are crucial for international cooperation in combating crime, particularly transnational crimes such as terrorism, drug trafficking, and money laundering.
India has sought Tahawwur Hussain Rana’s, a Pakistani-origin Canadian businessman involved in the 2008 Mumbai terror attacks, extradition under the India-U.S. Extradition Treaty, aiming to prosecute him for his alleged role in planning and facilitating the attacks.
India’s Extradition Treaties
India has signed bilateral extradition treaties with several countries.
As of the latest available information, India has signed such treaties with over 40 countries, including the United States, United Kingdom, Canada, Germany, and France.
Additionally, India has extradition arrangements with several other countries that do not involve formal treaties.
Key Provisions of India’s Extradition Treaties:
- Dual Criminality: The principle of dual criminality is common in India’s extradition treaties. It means that the offence for which extradition is sought must be a crime in both the requesting and requested countries.
- Political and Military Offenses: Extradition treaties often exclude the extradition of individuals accused of political or military offences. For example, an individual charged with a political crime like sedition may not be deported, depending on the terms of the treaty.
- Extraditable Offenses: The treaties typically specify a list of offences that are considered extraditable. These offences generally include serious crimes like murder, rape, and drug trafficking, among others.
- Refusal of Extradition: Countries may refuse extradition if the individual sought faces persecution or if the punishment for the offence is deemed too harsh, such as the death penalty.
- Mutual Legal Assistance: Many of these treaties also include provisions for mutual legal assistance in criminal matters, allowing for cooperation in investigation and evidence gathering.
- Extradition Process: The process usually involves the submission of an extradition request by the requesting country, which is then reviewed by the judicial and executive authorities of the requested country to determine if the extradition should proceed.
Indian Extradition Act, 1962
In India, the process of extraditing a fugitive criminal is governed by the Indian Extradition Act, of 1962. This law lays down the procedures for the extradition of a person accused or convicted of a crime in another country.
Here are the key Provisions of the Indian Extradition Act, 1962
- Definition of Extradition Offense: Extradition under the Act applies to offences that are punishable under the laws of both India and the requesting state. The offence must also be listed as an extradition offence in the treaty between India and the requesting country if such a treaty exists.
- Extradition Treaties: India can extradite a person to any country with which it has an extradition treaty. The treaty outlines the specific terms and conditions under which extradition is permissible. If there is no treaty, extradition may still be possible based on assurances of reciprocity.
- Role of the Central Government: The Central Government of India plays a crucial role in the extradition process. It is the authority that decides whether a fugitive criminal should be extradited. The government can also refuse extradition if the request does not meet the necessary legal criteria or if it is deemed politically motivated.
- Extradition Process:
- The process begins when the government of a foreign country makes an official request for extradition to the Indian government. The request is scrutinized by the Ministry of External Affairs and other relevant authorities to ensure it complies with the legal requirements under Indian law.
- The accused person may be arrested and brought before a magistrate, who examines the evidence and decides whether the case is fit for extradition. If the magistrate is satisfied with the evidence, the individual may be committed to prison to await the government’s final decision on extradition.
- Protection Against Double Jeopardy: The Act contains provisions to ensure that a person is not tried or punished for the same offense twice, a principle known as double jeopardy. This protection is available unless the person is being extradited for the same offense that is listed in the extradition request.
- Prohibition on Extradition in Certain Cases: Extradition may be denied if the offence is political, or if the fugitive is likely to face persecution or discrimination based on race, religion, nationality, or political opinions in the requesting country.
- Human Rights Considerations: India also takes into account the human rights record of the requesting state. If there is a significant risk that the person may be subjected to torture or inhumane treatment, the extradition request may be denied.
Recent Developments
India has been increasingly active in negotiating extradition treaties and arrangements, especially with countries that are popular destinations for fugitives.
The country has also sought to expedite the process of extradition by strengthening legal frameworks and enhancing international cooperation.
For instance, the extradition of high-profile individuals like Vijay Mallya from the UK has highlighted the complexities and challenges involved in extradition proceedings, including legal appeals and diplomatic negotiations.
Challenges
- Legal and Diplomatic Complexities: Extradition cases often involve lengthy legal processes and diplomatic negotiations. Differences in legal systems and standards of evidence can complicate the process.
- Political Sensitivities: Extradition can be politically sensitive, particularly when the individual sought is a political figure or when the requesting country has a controversial legal system or human rights record.
- Delays and Appeals: Individuals subject to extradition often file multiple legal appeals, leading to significant delays. These delays can be exacerbated by differences in legal procedures and protections.
Global Framework for Extradition
A Global Framework for Extradition is essential for fostering international cooperation in combating crime, particularly transnational organized crime.
The framework relies on treaties and conventions that establish the principles and procedures for extraditing individuals from one country to another.
United Nations Model Treaty on Extradition (1990):
- Purpose: This treaty serves as a template for countries to develop bilateral or multilateral agreements on extradition. It outlines the general provisions and procedures that countries should follow when seeking or granting extradition.
- Scope: It covers the extradition of individuals for offences considered serious crimes in both the requesting and requested countries.
UN Model Law on Extradition (2004):
- Objective: The UN Model Law on Extradition provides a legal framework that countries can adapt to their national legislation to ensure that they have clear, consistent procedures for handling extradition requests.
- Content: It includes guidelines on how to draft extradition laws that conform to international standards, emphasizing fairness and respect for human rights.
United Nations Convention against Transnational Organized Crime (2000):
- Extradition Provisions: This convention includes specific provisions on extradition related to offenses such as human trafficking, drug trafficking, and other forms of organized crime. It promotes cooperation among countries in investigating and prosecuting these crimes.
- Mechanisms: It also encourages countries to adopt simplified extradition procedures and to use mutual legal assistance in criminal matters.
Major Principles of Extradition
- Extradition Applies Only to Offenses Stipulated in the Bilateral Treaty: Extradition is only possible for offences explicitly listed in the treaty between the requesting and requested countries. This ensures that both countries agree on the seriousness and nature of the offence.
- Principle of Dual Criminality: The offense for which extradition is sought must be recognized as a crime in both the requesting and requested countries. This principle ensures that individuals are not extradited for acts that are not criminal in their own country.
- Rule of Speciality: The person extradited can only be prosecuted or punished for the offense for which their extradition was requested. This rule prevents the requesting country from prosecuting the individual for unrelated offences after extradition.
- Fair Trial Assurance: The extradited person must be guaranteed a fair trial in the requesting country. This principle is crucial for protecting the rights of individuals and ensuring that they are not subject to unfair legal proceedings.
In the news
The U.S. Court of Appeals for the Ninth Circuit has ruled that Tahawwur Hussain Rana, a Pakistani-origin Canadian businessman, can be extradited to India for his alleged involvement in the 2008 Mumbai terror attacks.
- This decision marks a significant development in the long-standing case against Rana, who has been accused of aiding and abetting the attacks that resulted in the deaths of 166 people, including six Americans.
- Rana was initially arrested in the United States in 2009 and later convicted in 2011 for supporting Lashkar-e-Taiba (LeT), the terrorist group responsible for the Mumbai attacks.
- Although he was acquitted of charges directly related to the Mumbai attacks, he was found guilty of conspiring to attack a Danish newspaper.
- India has sought Rana’s extradition under the India-U.S. Extradition Treaty, aiming to prosecute him for his alleged role in planning and facilitating the attacks.
- The recent ruling by the U.S. court confirms that the treaty permits his extradition, bringing India one step closer to holding him accountable.
- The decision underscores the close cooperation between India and the United States in combating terrorism and bringing perpetrators to justice.
- It also highlights the complexities involved in international legal proceedings, especially in cases involving terrorism.
- Rana now faces the possibility of being extradited to India, where he could be tried for his alleged crimes related to one of the most devastating terrorist attacks in recent history.
This ruling is seen as a significant victory for India in its ongoing efforts to bring all those responsible for the 2008 Mumbai attacks to justice. However, Rana may still have legal options to challenge the ruling before his potential extradition to India is finalized.
Conclusion
The global framework for extradition is built on treaties, conventions, and principles that promote international cooperation while safeguarding individual rights. The United Nations has played a key role in shaping these frameworks, providing models and conventions that guide countries in creating their extradition laws and agreements.
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-Article by Swathi Satish
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