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Extradition of a third country national

The lawyer Kasatkina-Kouskou Svetlana provides legal services to third country nationals detained for extradition from the country.

By saying “extradition” we mean that legal measure which has as a result the delivering of an individual who has been accused or convicted for one or more offenses, from the State where he has taken refuge ( wanted State) to the State that submits the request (requesting State), so that the last one judges or forces that person to serve the sentence that he has been imposed to.

The extradition agreement between two or more States is the primary source of law for this form of judicial cooperation. Apart from bilateral contracts which regulate matters of judicial cooperation, extradition provisions are encountered in a plethora of international agreements contracted for the prevention and repression of specific crimes, such as the International Convention for the suppression of terrorist bombings and the United Nations Convention against the illicit traffic in Narcotic Drugs and Psychotropic Substances.

For the extradition, the third country national has to meet certain positive conditions, under which his extradition is permitted and not meet certain negative conditions under which the extradition is prohibited.

With regard to negative conditions for the extradition,  under the provisions of the European Convention for the Extradition the extradition is prohibited a) for acts considered by the other State as political or if the called for the extradition State has reasonable grounds to believe  that the extradition request, despite its justification by rules of common law, has been made with the purpose of prosecuting or punishing a person on racial, religious,  political or national allegiance, b) for military offences, c) when the person wanted is a national, d) if there is a res judicata, e) if the extradition is subjected to limitation under the law of either the State requesting or the State from which the extradition is requested, f) if the act for which the extradition is requested is punished with the death penalty, unless the requesting State provides sufficient assurances that it will not execute the death penalty.

The extradition for tax violations is allowed only if there is an agreement between the States for each violation or each type of acts. The State from which the extradition is sought is entitled to refuse it a) if the offence is committed in its territory or a place treated as its territory site b) if the requested person is prosecuted in the State from which the extradition is requested for the same acts to which the extradition is referred.

 


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