EXTRADITION

2010

1. Introduction

Ordinarily every state exercises and enjoys complete jurisdiction over all the
persons within its jurisdiction but sometimes there may be cases where a person
after committing crime runs away to another country. In such a situation, the
state finds itself helpless to exercise jurisdiction to punish such persons. The
term extradition denotes the person whereby under a treaty or upon a basis of
reciprocity one state surrenders to another state at its request a person accused
or convicted of a criminal offence.

2. Meaning of Extradition

Delivery, handing over or surrender of an accused or convicted person from one

state to another

3. Definition of Extradition

According to Oppenheim, extradition is the delivery of an accused or a

convicted individual to the state on whose territory he is alleged to have a
committed or to have been convicted of a crime by the state on whose
territory the alleged criminal happens to be for the time being.
According to Starke,
According to Grotrious

4. Basis of Extradition

This principle is based on a Latin maxim

Aut Punise Aut debare

`The runaway offender must be punished by the refugee state or surrendered to

the state affected. `

5. Object of Extradition

To ensure that serious criminals do not go unpunished

That state in which the crime is committed, is the best state to try and
punish the offender.

6. Who Can Be Extradited?

The requesting state may claim a runaway offender of following categories

Its own National

National of third state

7. Is a state duty bound to grant extradition?

 No General Rule:

There is no general Rule under International Law which binds a state to grant
extradition.

 Under Extradition Treaty

Only in case of an extradition treaty an injured state can claim run away offender
to the other state party.

Case Reference: State of Madras Vs G.C. Memon (1954)

It was held that Extradition with foreign states except with exceptional cases only
governed under bilateral treaty or any regional arrangement.

 In a Good Faith
A state may surrender the runway offender to requesting state in a good faith and
for the sake of International peace and Justice.

Case Reference: Lockerbie Case (1992)

It was held that in case of more then one state has jurisdiction over an offence a
state can insist on the extradition of a defendant from a state which is willing to
prosecute the offence itself.

8. Exceptions to Extradition

I. No Treaty

Case Reference: Osama Bin Ladin case

II. Political Offence

Case Reference: Murtaza Bhutto Case

Case Reference: Recastioni Case (1891)

III. Religious Offence

Case Reference: Salman Rushdi Case

IV. Common Offence

V. Military Offence

VI. Prima Facia Case

VII. Inadequate Evidence

Case Reference: Tavashar Extradition Case

It was held that accused was discharged because no proper evidence was made against him.

VIII. Rule of Speciality

Case Reference: US Vs Ravscher

It was held that Ravscher may tried only for that offence for which extradition was granted.

IX. Formalities

X. Double Criminality

9. Major Events of Extradition

10. Difference between Expulsion and Extradition

Under Foreigners Act 1946, following are the differences between Expulsion and
Extradition,
 Expulsion without request
Extradition is on request
Expulsion can be made on any grounds under state law.
Extradition can be requested on certain grounds
Expulsion involved only one state
Extradition is the involvement of two states

11. Different Extradition Practices in Different States

British Practices – The Extradition Act 1870

French Practices – French Extradition Policy
Pakistan Practices – the Extradition Act 1903

12. Conclusion