Extradition

Extradition, in law, surrender by one sovereign power to another of a fugitive from justice. Between nations, the right of one power to demand of another the extradition of a fugitive accused of crime, and the duty of the country in which the fugitive has found asylum to surrender this person, exist only when created by treaty. Because the political systems and penal codes of various nations differ considerably, most have given definite expression in treaties to their mutual obligations regarding extradition. The conventions between the United States and the United Kingdom in 1842, 1889, and 1900 enumerate which offences two such leading nations consider extraditable. The general rule is that extraditable crimes must be those commonly recognized by civilized nations as malum in se (acts criminal by their very nature), and not merely malum prohibitum (acts made crimes by statute), and must be included in the extradition treaty.

It is an almost universal rule, however, that a state will not surrender its own citizens to a foreign power, and it is generally regarded as an abuse of the principle of extradition for a state to secure the surrender of a criminal for an extraditable offence and then to punish this person for an offence not included in the treaty.

The current position defines extradition crimes as those which would be crimes in both the United Kingdom and in the country seeking extradition, punishable in both cases by at least 12 months' imprisonment. There is no extradition for crimes of a political nature or of military law, nor where there is a risk of persecution or prejudice for the defendant's beliefs.

A magistrates' court determines whether or not extradition should be considered: an appeal lies to the administrative court. The decision rests finally with a government minister. This occurred in the case made against the former Chilean dictator General Augusto Pinochet. A Spanish court made a request for him to be extradited to stand trial in Spain for human rights abuses of Spanish citizens and Pinochet was arrested in London in October. His appeal against extradition reached the House of Lords and was turned down in March 1999. Pinochet's appeal against this judgment was considered by the Home Secretary Jack Straw, who decided in April 1999 that Pinochet should be extradited to Spain. Extradition proceedings were opened in September, and a ruling the following month stated that Pinochet's extradition to Spain could go ahead. However, medical examinations undertaken as part of an appeal against this decision revealed that he was too ill to stand trial. Four European countries appealed against the decision of the Home Office, but Pinochet was allowed to return to Chile in March 2000.