mandatory grounds for refusing to extradite

optional grounds for refusing to extradite

Grounds for refusing to extradite a person (article 493)

The Gambia was currently making efforts to extradite him.

(e) The obligation to extradite or prosecute (aut dedere aut judicare)

the obligation to extradite for offences provided under the relevant treaty

Conflicts arising from the execution of a request to extradite a person (article 497)

If the State Council decides not to extradite the person named, the Ministry of Foreign Affairs will immediately notify the requesting State.

The Turkish Government accused the opposition faction missionary Gulen of plotting an abortive coup attempt and requested the US to extradite him to Turkey.

The Commission decided to include in its current programme of work one new topic, namely obligation to extradite or prosecute (aut dedere aut judicare)

Her delegation welcomed the decision to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in the Commission's programme of work.

Endorses the decision of the International Law Commission to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in its programme of work

5. Endorses the decision of the International Law Commission to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in its programme of work

Once all Member States implement the principle extradite or prosecute (aut dedere aut iudicare), which underlies most of these instruments, there will be no safe havens left for terrorists.

(d) Ensure compliance with the requirements of article 3, including the proper test of proof, or the risk of torture, when determining whether to expel, return or extradite a person to another State

8. Recalls that States shall not expel, return ( refouler ) or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture

No State Party shall expel, return ( refouler ) or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.

1. No State Party shall expel, return ( refouler ), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.

The principle of aut dedere aut judicare (either extradite or prosecute) was fundamental to that regime, which was applicable to persons of the relevant status irrespective of whether or not they were in a high risk location.

4. Invites Governments, within the context of paragraph 3 above, to provide information to the International Law Commission regarding practice with regard to the topics Expulsion of aliens and The obligation to extradite or prosecute (aut dedere aut judicare)

Also urges States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture

4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

6. Invites Governments to provide to the International Law Commission, as requested in chapter III of its report,Ibid., paras. 26 33. information on legislation and practice regarding the topic The obligation to extradite or prosecute (aut dedere aut judicare)

India s membership in this group has international repercussions for example, European Union countries will not extradite criminals to countries where they may face execution. But the real problem is deeper capital punishment is, at its core, about nothing more than retribution.

Belarus adheres to the principle of au dedere aut judicare (extradite or prosecute), provided for in the obligations that it has assumed under international legal documents, including on the basis of a number of conventions and protocols related to combating terrorism.

In this connection, the DRC signed in February 2005, with the International Criminal Tribunal for Rwanda (ICTR) a cooperation agreement to track down and extradite persons responsible for the Rwandan genocide, designated as terrorists by the Dar es Salaam Declaration.

The Rule of Law Department convened and chaired a working group on extradition, tasked with proposing solutions to the myriad problems posed by requests to extradite citizens of neighbouring countries for war crimes trials in the Court of Bosnia and Herzegovina.

In that way, the international community is appealing to the United States of America to stop protecting the terrorist Luis Clemente Posada Carriles and to extradite him to Venezuelan territory or, failing that, to prosecute him on its own territory.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.

The prospects for such cooperation had often been thwarted, however, by attempts to distinguish between good and bad terrorists, to grant terrorists asylum in contravention of the principle of extradite or prosecute , or to refuse to recognize them as human rights offenders.

Some of the experts dissented on this point, arguing that the multifaceted nature of such companies did not obviously place them in the mercenary legal regime Contain an explicit prosecute or extradite clause, thereby setting up a system of mandatory universal jurisdiction.

7. Calls upon States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentUnited Nations, Treaty Series, vol. 1465, No. 24841. to fulfil their obligation to submit for prosecution or extradite those alleged to have committed acts of torture

We reaffirm the Special Communiqué on terrorism adopted at the Fourteenth Ibero American Summit and support efforts to extradite or prosecute the perpetrator of the terrorist attack on a Cubana de Aviación aircraft in October 1976, which caused the death of 73 innocent civilians.

A State is more likely to extradite an accused to another State where the rule of law is firmly in place and where, for example, it has assurances that the accused will have a fair trial and the right to due process and where refoulement is prohibited.

All of the relevant states in the region have accepted the legal obligation to assist in the investigation and prosecution of war crimes. The obligation to prosecute suspected war criminals, or extradite them to face prosecution elsewhere, becomes more compelling in accordance with the seriousness of the alleged crime.

Recognizes that States must prosecute or extradite perpetrators, including accomplices, of international crimes such as genocide, crimes against humanity, war crimes and torture in accordance with their international obligations in order to bring them to justice, and urges all States to take effective measures to implement these obligations

The alleged offender is present in Chinese territory and China does not extradite him her to another State party on the ground that the offence has been committed by one of its nationals. In that case, whether an extradition request is required prior to China establishing its jurisdiction

8. Recalls that States shall not expel, return ( refouler'), extradite or in any other way transfer a person to another State under any circumstances, including if diplomatic assurances have been obtained, where there are substantial grounds for believing that the person would be in danger of being subjected to torture

Fundamental values are also at stake for the EU, whose members, ironically, have in some cases actively supported the US in its quest to extradite Snowden, despite being victims of America s alleged breaches of international law. The founding idea of the EU was that relations between states should be governed by rules, not raw power.

Another feature of this period was the institutionalization in Europe, and its adoption in most other abolitionist countries, of a policy of refusing to extradite a person charged with an offence for which the death penalty could be imposed to a retentionist country without an assurance that the person would not be sentenced to death.

If a state where a person has committed a terrorist act requests an extradition, Armenia will extradite that person in accordance with RA International Agreements, except for the cases provided for by the Agreements, or when a person who committed a terrorist act in a foreign state is a citizen of the Republic of Armenia.

The question before me was whether to extradite Cavallo to Spain, a third country, to face trial for human rights abuses committed in Argentina. Signing the papers would be groundbreaking, as it would signal for the first time that suspected rights abusers might face trial anywhere in the world if justice was not likely at home.

The Planning Group recalls that the topic Obligation to extradite or prosecute (aut dedere aut judicare) , which is already included in the Commission's long term programme of work, should now be included in the programme of work of the Commission, in accordance with the decision taken by the Commission at its fifty sixth session (A 59 10, para. 363).

3. For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

3. For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.