Extradition: Difference between revisions

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===Own citizens===
Several countries, such as Austria,<ref>{{cite web|title=section 12 of the Austrian Extradition and Legal Assistance Act ("Auslieferungs- und Rechtshilfegesetz (ARHG)") |publisher=Rechtsinformationssystem des Bundes (RIS), the official website of the Austrian government for the publication of legislation |url=http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002441 |date=27 February 2014}}</ref> Brazil,<ref>Brazilian constitution of 1988, Article 5</ref> Bulgaria,<ref>[https://parliament.bg/bills/39/502-01-9.pdf Условия за отказ на екстрадиция. Глава втора.]</ref> Czechia (the Czech Republic),<ref>{{cite web|title=Charter of fundamental rights and freedoms, Article 14 (4), second sentence |url=http://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/prilohy/Listina_English_version.pdf |date=16 December 1992}}</ref> France,<ref>{{cite web|title=Code of criminal procedure (legislative part), Articles 696-1 to 696–7 |publisher=published by [[Légifrance]], the official website of the French government for the publication of legislation, regulations, and legal information |url=http://www.legifrance.gouv.fr/content/download/1958/13719/version/3/file/Code_34.pdf |date=13 December 2005}}</ref><ref>{{cite web|title=Légifrance publications of the French legislation |publisher=[[Légifrance]] |url=http://www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations |date=13 December 2005}}</ref> Germany,<ref>Except to a member state of the European Union or to an international court: ''Basic Law for the Federal Republic of Germany'', [http://bundesrecht.juris.de/englisch_gg/englisch_gg.html#GGengl_000P16 Article 16 (2)], 29 July 2009.</ref> Japan,<ref>Article 2, [http://www.moj.go.jp/ENGLISH/information/loe-01.html Law of Extradition] ({{in lang|ja}} [[:ja:逃亡犯罪人引渡法|逃亡犯罪人引渡法]])</ref> Morocco,<ref>{{Cite web|title=Dahir n° 1-58-057 du 25rebia II 1378 (8 novembre 1958) relatif à l'extradition|url=http://adala.justice.gov.ma/production/html/Fr/liens/..%5C97273.htm|access-date=7 September 2020|website=adala.justice.gov.ma}}</ref> Norway,<ref>{{Cite web|url=https://lovdata.no/NL/lov/1975-06-13-39/%C2%A72|title=Lov om utlevering av lovbrytere m.v. [utleveringsloven] – Kap. I. Vilkår for utlevering til fremmed stat.1 – Lovdata|website=lovdata.no|language=no|access-date=12 July 2018}}</ref> the People's Republic of China (Mainland China),<ref>Article 8 of the [http://www.gov.cn/english/laws/2005-09/22/content_68710.htm Extradition Law of the People's Republic of China] ({{zh|s=[[s:zh:中华人民共和国引渡法|中华人民共和国引渡法]]}})</ref> Portugal,<ref>{{cite web |title=Constitution of the Portuguese Republic |url=https://fra.europa.eu/en/law-reference/constitution-portuguese-republic-17 |website=European Union Agency for Fundamental Rights |access-date=8 March 2022 |language=en |date=25 October 2018}}</ref> Taiwan,<ref>Article 4 of the [http://law.moj.gov.tw/pdaeng/FLAWDAT01.aspx?PCODE=I0030001 Law of Extradition] ({{zh|t=[[s:zh:引渡法 (中華民國)|引渡法]]}}) prohibits a citizen of the Republic of China from being extradited from Taiwan, unless the person acquired the citizenship after the request for extradition is made.</ref> Turkey,<ref>https://rm.coe.int/turkey-country-information-template-extradition/1680a1bc3d {{Bare URL inline|date=September 2022}}</ref> Russia, <ref>Constitution of the Russian Federation, Article 61</ref> Saudi Arabia,<ref>{{cite news |url=http://the-japan-news.com/news/article/0005401953 |publisher=[[Jiji Press]] |title=Saudis: No extradition of suspects to Turkey |date=10 December 2018 |quote=“We do not extradite our citizens,” Adel al-Jubeir told a news conference in Riyadh at the end of a summit of Gulf Cooperation Council states. |access-date=10 December 2018 |archive-url=https://web.archive.org/web/20181211052703/http://the-japan-news.com/news/article/0005401953 |archive-date=11 December 2018 |url-status=dead }}</ref> Switzerland,<ref>[https://www.admin.ch/opc/en/classified-compilation/19810037/201301010000/351.1.pdf Swiss Federal Act on International Mutual Assistance in Criminal Matters], Article 7</ref> Syria,<ref>[{{Cite web|url=https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91436/106031/F-931434246/constitution2.pdf |title=Article 38 of the constitution of the Syrian Arab Republic]}}</ref> and Vietnam<ref>[https://moj.gov.vn/qt/tintuc/Pages/van-ban-chinh-sach-moi.aspx?ItemID=311 Các trường hợp từ chối dẫn độ cho nước ngoài] – Vietnam's Ministry of Justice</ref> have laws against extraditing their own citizens to other countries' jurisdictions. Instead, they often have special laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they can locally prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the country's borders (see, e.g., [[trial of Xiao Zhen]]).
 
===Right to private and family life===
In a limited number of cases [[Article 8 of the European Convention on Human Rights]] has been invoked to stop extradition from proceeding. Article 8 states that everyone has the right to the respect of their private and family life. This is achieved by way of balancing the potential harm to private life against the public interest in upholding the extradition arrangement.<ref name="Fitzgerald" /> While this article is useful as it provide for a prohibition to extradition, the threshold required to meet this prohibition is high.<ref name="Fitzgerald" /> Article 8 does explicitly provide that this right is subject to limits in the interests of national security and public safety, so these limits must be weighed in a balancing of priority against this right. Cases where extradition is sought usually involve serious crimes so while these limits are often justified there have been cases where extradition could not be justified in light of the individual's family life. Cases to date have mostly involved dependant children where the extradition would be counter to the best interests of this child.<ref name ="Fitzgerald" /> In the case of ''FK v. Polish Judicial Authority'' the court held that it would violate article 8 for a mother of five young children to be extradited amidst charges of minor fraud which were committed number of years ago.<ref>[https://www.supremecourt.uk/cases/docs/uksc-2012-0039-judgment.pdf F-K v Polish Judicial Authority 2012 UKSC 25]</ref> This case is an example of how the gravity of the crime for which extradition was sought was not proportionate to protecting the interests of the individual's family. However the court in this case noted that even in circumstances where extradition is refused a custodial sentence will be given to comply with the principles of [[international comity]].<ref>[{{Cite web|url=https://www.supremecourt.uk/cases/docs/uksc-2012-0039-judgment.pdf |title=F-K v Polish Judicial Authority 2012 UKSC 25 para 132]}}</ref> In contrast the case of ''HH v Deputy Prosecutor of the Italian Republic, Genoa'' is an example of when the public interest for allowing extradition outweighed the best interests of the children. In this case both parents were being extradited to Italy for serious drug importation crimes.<ref>HH v Deputy Prosecutor of the Italian Republic, Genoa 2012 UKSC 25 para 132.[https://www.supremecourt.uk/cases/docs/uksc-2012-0039-judgment.pdf]</ref>
Article 8 does not only address the needs of children, but also all family members, yet the high threshold required to satisfy Article 8 means that the vulnerability of children is the most likely circumstance to meet this threshold. In the case of ''Norris v US (No 2)'' a man sought to argue that if extradited his health would be undermined and it would cause his wife depression.<ref>Norris v US (No 2) [2010] UKSC 9 as discussed in J.R. Spencer Extradition (2013). The European Arrest Warrant and Human Rights, The Cambridge Law Journal 250 at 251.</ref> This claim was rejected by the Court which stated that a successful claim under Article 8 would require "exceptional" circumstances.<ref>J.R. Spencer Extradition (2013). The European Arrest Warrant and Human Rights, The Cambridge Law Journal 250 at 251</ref>
 
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=== Uyghur extradition ===
{{Further|Uyghur genocide}}
In June 2021, [[CNN]] reported testimonies of several [[Uyghurs]] accounting for the detention and extradition of people they knew or were related to, from the United Arab Emirates. Documents issued by the Dubai public prosecutor and viewed by CNN, showed the confirmation of [[China]]’s request for the extradition of a detained Uyghur man, Ahmad Talip, despite insufficient proof of reasons for extradition.<ref name="auto">{{cite web|url=https://edition.cnn.com/2021/06/08/middleeast/uyghur-arab-muslim-china-disappearances-cmd-intl/index.html|title=Uyghurs are being deported from Muslim countries, raising concerns about China's growing reach|accessdate=8 June 2021|website=CNN|date=8 June 2021 }}</ref>
 
In 2019, UAE, along with several other Muslim nations publicly endorsed China’s Xinjiang policies, despite Beijing being accused of [[genocide]] by the [[US State Department]]. Neither Dubai authorities nor the foreign ministry of UAE respond to the several requests for comment made by CNN on the [[Detention (imprisonment)|detention]] and extradition of Uyghurs.<ref>{{cite web|urlname=https:"auto"//edition.cnn.com/2021/06/08/middleeast/uyghur-arab-muslim-china-disappearances-cmd-intl/index.html|title=Uyghurs are being deported from Muslim countries, raising concerns about China's growing reach|accessdate=8 June 2021|website=CNN|date=8 June 2021 }}</ref>
 
==See also==