Extradition

Published on Friday 23rd July 2021

All questions

1. Are extradition proceedings regulated by domestic legislation, treaties or both?

2. Is there a central register of extradition treaties that your state has entered into?

3. Do special extradition arrangements apply to certain foreign states, for example states that are geographically proximate, or politically, legally or economically closely linked?

4. Is extradition possible to states that have no bilateral or multilateral extradition treaty with your state if they are party to an international convention?

5. Is extradition possible to states that are not extradition treaty partners as an ad hoc arrangement?

6. For which offences is extradition from your state allowed?

7. Is there a requirement for double (dual) criminality? How is this assessed?

8. How would your state deal with a request that includes an offence for which extraterritorial jurisdiction is claimed?

9. What must be included as part of a valid extradition request made by the foreign state?

10. What are the stages of the extradition process?

11. If an initial political decision is required, what factors can be considered?

12. Is provisional arrest, before the extradition request is received, possible?

13. Must a domestic arrest warrant be issued or can an Interpol red notice be used to carry out a provisional arrest?

14. What is required to apply for a domestic extradition arrest warrant?

15. What rights does the requested person have while under arrest?

16. Is bail available in extradition proceedings?

17. If so, what are the factors that a court will take into account in deciding whether to grant bail?

18. Can the court impose conditions when granting bail? What conditions can be, and usually are, imposed?

19. What bars can be raised to resist extradition?

20. Does your state extradite its own nationals and residents?

21. Are potential breaches of human rights after extradition considered in the extradition process?

22. Can a person consent to extradition, and what is the procedure? Is consent irrevocable?

23. Is there a speciality protection? How is it provided? Does it apply if a person consents to extradition?

24. If there is a political decision at the end of the extradition process, what factors can be considered?

25. What ability is there to appeal against or judicially challenge decisions made during the extradition process? What are the requirements for any appeal or challenge?

26. What are the time limits for the extradition process? How long does each phase of the extradition process take in practice?

27. In what circumstances may parallel proceedings delay extradition?

28. What provision is made for legal representation of the requesting state or the requested person?

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