Extradition and the Fugitive Offenders (Torture) Order

Extradition and the Fugitive Offenders (Torture) Order 135 53

First allegation Tek Nath Rizal was arrested in Nepal and improperly extradited to Bhutan (no extradition order).

4. The Contracting States, subject to their domestic legislation, shall consider simplifying extradition of consenting persons who waive formal extradition proceedings, by allowing direct transmission of extradition requests between appropriate ministries, and extraditing persons based only on warrants of arrests or judgements.

Extradition is governed by the Act of 10 March 1927.

It has been reported that under the extradition agreement between the two countries, dated 21 June 1975, the Government with which the application is lodged may order the accused to be remanded in custody while the requesting Government formalizes the application within the specified three month deadline.

As regards the non extradition of nationals and the simplification of the traditional extradition process, the developments in Europe with respect to the European arrest warrant were encouraging.

An extradition request should not display any features defined under article 8 of the Extradition Act as reasons for which an extradition request should, or under article 9 as reasons for which it may, be rejected.

(3) There is a request for the extradition of the same person from several States and the person was extradited, or will be extradited, to another State

Extradition

extradition

EXTRADITION

Number Extradition

Obligation to extradite or prosecute (aut dedere aut judicare)

Extradition

(d) Extradition

I. EXTRADITION 1 2

Extradition

2. Notwithstanding paragraph 1, States Parties, subject to their domestic legislation, shall consider simplifying extradition of consenting persons who waive formal extradition proceedings, by allowing direct transmission of extradition requests between appropriate ministries and extraditing persons based only on warrants of arrests or judgements.

The complainant was not the subject of any national or international arrest warrant, nor a request for extradition.

(j) Current practices in and ways of overcoming obstacles to extradition

The Committee observes that its procedures are sufficiently flexible and its powers sufficiently broad to prevent an abuse of process in a particular case.

(ii) Extradition procedures

Extradition of nationals

(e) Utilize, where appropriate, as a resource the Model Treaty on Extradition when negotiating such treaties

Under article 8, paragraph 1, of the Act, when the object of an extradition request is a Chinese national, China will refuse extradition.

(vi) Extradition (article 16)

The Enabling Act for the SAARC Regional Convention on Suppression of Terrorism 1991 The Extradition Act 1991.

Extradition treaties

Oversees the transmission of Warrants of Arrest and other Court Orders issued by the Judges for the arrest and surrender of suspects or accused to the Tribunal.

According to article 7 of the Extradition Act and to bilateral extradition treaties China has signed, extraditable offences must conform to the following criteria.

With respect to extradition, there should be analysis of how extradition between countries could be effectively designed.

Extradition law and practice

Consideration of requests for extradition

In particular, it discussed the chapters on scope of application of the convention participation in an organized crime group money laundering corporate criminal liability sanctions confiscation transparency of transactions jurisdiction extradition obligation to extradite or prosecute (aut dedere aut judicare) extradition of nationals and consideration of requests for extradition.

The State party further explains that it did not request the Bulgarian authorities to extradite D. T. since, under the Hungarian Bulgarian extradition treaty, extradition is not possible when the person to be extradited is a citizen of the other signatory party.

If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences.

The non extradition of nationals remains an important legal impediment to extradition.

(f) As at the date of receipt of the extradition request, the person whose extradition is requested is a citizen of the requested State

A decision on extradition or temporary extradition taken at the request of the competent authority of a foreign State (article 503)

delivery of the extradited individual

At the same time, treaties containing provisions governing extradition to which China is party, combined with the principle of reciprocity, can also form the basis of extradition cooperation with other States.

An appeal against a decision on the extradition or temporary extradition of a person, and verification of its legality (article 504)

Article 8, paragraph 1, of the Extradition Act stipulates that An extradition request made to China by a foreign State will be rejected under any of the following conditions (1) when, under the laws of the People's Republic of China, the person whose extradition is requested is a national of the People's Republic of China . The Extradition Act does not contain any mandatory provision that a person not extradited will be prosecuted in China .

6. Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.