Extradition under Domestic and International Law
Keywords:
Extradition, European convention, extradition court proceedings
Abstract
Extradition is one of the greatest achievements achieved in the framework of international cooperation in the criminal field, not only in the framework of the UN, but also by the Council of Europe, which reflects more in criminal law for its sensitive character, for its dual nature as the protector of those values which society has defined as important and as a guarantee. The central role in the development of this mechanism was played by the Council of Europe in the European Convention on Extradition together with two additional protocols. This convention has been ratified by our state and based on it, the perpetrators of criminal offenses can be extradited to the country where they have their place of residence or stay! From a combined reading of this convention and the legal framework, in our country we conclude that the general features of Extradition are: the classic Extradition procedure goes through two stages, the court decision and the administrative decision. The court procedure starts with the detention of the person for whom extradition is requested, sending and hearing him in court, then the appeal phase if any, then the file is sent to the central authority which is the Ministry of Justice, which is the main body that gives way to such a request. The administrative decision is mainly taken taking into account the state policy and the maintenance of public order.
So the development regarding the knowledge on extradition is current in our country, and with the claim that in the future it will be a more stable situation in this regard.
References
1. These transfers are governed by Council Framework Decision 2008/909 / JHA.
2. See:https://ec.europa.eu/info/law/cross-border-cases/judicial-cooperation/types-judicial cooperation/detention-and-transfer-prisoners_en. Retrieved on 04.08.2018, at 21:14.
3. The International Prisoner Transfer Act 1997 (ITP Act) provides the legal framework for the International Prisoner Transfer Scheme.
4. See:https://www.ag.gov.au/Internationalrelations/Internationalcrimecooperationarrangements/TransferOfPrisoners/Pages/default.aspx. Retrieved on 04.08.2018, at 21:18.
5. This is the term used, for example, in the Convention on the Transfer of Sentenced Persons (Council of Europe, European Treaty Series, No. 112); and the Inter-American Convention on the Elimination of All Forms of Discrimination against Women.
6. As used, for example, in the Convention on the Transfer of Sentenced Persons and the Transfer Scheme of Convicted Persons Convicted offenders within the Commonwealth.
7. See Wolfgang Schomburg et al., Internationale Rechtshilfe in Strafsachen (International Cooperation on Crime Issues), ed. (Munich, Beck, 2006), p. 701.
8. See: Data taken from: https://www.offendersfamilieshelpline.org/index.php/transfer/; Retrieved on 05.08.2018, at 14:1
9. See: Data taken from: https://www.offendersfamilieshelpline.org/index.php/transfer/; Retrieved on 05.08.2018, at 14:15;
10. See paragraphs 58; 59; 60 (2); 61; 62; 64; 65; 66 (1); and 80 of the Standard Minimum Rules for the Treatment of Prisoners (Human Rights: A Review of International Instruments, Volume I (Part I): Universal Instruments (United Nations Publication, Sales No. E.02.XIV.4 ( Vol I, Part 1)), Section J, No. 34). The complex relationship between the three concepts of rehabilitation, resocialization and reintegration is discussed in Sonja Snacken and Dirk van Zyl Smit, Principles of European Prison Law and Policy: Penology and Human Rights (Oxford, Oxford University Press, 2009), p. . 73-85. They are interchangeably used here to reflect the need to enable, as far as possible, convicted persons to develop so that they can lead a life without crime and take their full place in society in the future.
11. This shift of emphasis was recognized by the Grand Chamber of the European Court of Human Rights in Dixon v. United Kingdom, Application no. 44362/04, Judgment of 4 December 2007, para. 28: "In recent years there has been a tendency towards placing more emphasis on rehabilitation, as has been clearly demonstrated by the Council of Europe Legal Instruments. While rehabilitation has been recognized as a means of preventing recidivism, more Recently and more positively, it represents more the idea of resocialization through the promotion of responsible personality.This objective is reinforced by the development of the "principle of progress": while serving or serving a sentence, a prisoner should move progressively through the prison system by moved from the first days of a sentence, when the emphasis may be on punishment and punishment, in the final stages, when the emphasis should be on preparing for release. "
12. See Van Zyl Smith, "International Imprisonment," International and Comparative Law Quarterly, vol. 54, no. 2 (2005), pp. 357-386. Płachta, Michał, Transfer of Prisoners Under International Instruments and Domestic Legislation: A Comparative Study (Freiburg, Max-Planck-Institut, 1993), p. 159, 162 and 166-7; and Eveline De Wree, Tom Vander Becken and Gert Vermeulen, "The Transfer of Sentenced Persons to Europe: Too Much Noise for Reintegration," Punishment and Society, vol. 11, no. 1 (January 2009), p. 111-128.
13. See La Vigne et al., "Examining the effect of imprisonment and family contact in prison with inmates's family relationships," Journal of Justice Contemporary Criminal, vol. 21, no. 4 (November 2005); Alice Mills and Helen Codd, "Prisoners" families and the management of offenders: mobilizing social capital, "Probation Journal, vol. 55, No. 1 (March 2008), pp.11-12.
14. General Assembly Resolution 2200 A (XXI), annex.
15. Human Rights: A Compilation of International Instruments, Volume I (Part One): Universal Instruments (United Nations Edition, Sales No. E.02.XIV.4 (Vol. I, Part 1)), sect. J, Nr. 34.
16. See Human Rights Committee, general comment 21, para. 5;
17. Council of Europe, European Treaty Series, No.5;
18. See preamble, European Convention; para. 9, explanatory report on the European Convention; preamble and art. V, Inter-American Convention on Serving Criminal Sentences Abroad; preamble, Additional Protocol to the European Convention (Council of Europe, European Treaty Series, No. 167); preamble and para. 1, Model Agreement; and paras. 8 and 9, preamble, and arts. 3, para. 1, 4, para. 2, and 4, para. 6, framework decision 2008/909 / JHA.
19. Dirk Van Zyl Smit, "International Imprisonment," p. 364; Płachta, Transfer of Prisoners under International Instruments and Domestic Legislation, p. 166-7 and 206; Claus Kress and Göran Sluiter, "Imprisonment," in the Rome Statute of the International Criminal Court, vol. 1, Antonio Cassese, Paola Gaeta and John R.W.D. Jones, eds. (Oxford, Oxford University Press, 2002), p. 1766; and Dirk van Zyl Smit and John R. Spencer, "The European Dimension for the Release of Sentenced Prisoners" in Prison Release: European Politics and Practice, Nicola Padfield, Dirk van Zyl Smit and Frieder Dünkel, eds. (Cullompton, Willan, 2010), p. 36.
20. See: European Council. "Tampere European Council 15 and 16 October 1999: Presidency Conclusions". para. 35. Retrieved January 31, 2012;
21. Wouters, Jan; Naert, Frederick (June 2004). "On arrest warrants, terrorist offenses and extradition agreements: An assessment of key measures of EU criminal law against terrorism after 9/11" (PDF). Institute of International Law, K.U. Leuven. Retrieved January 18, 2012.
22. Staunton, Denis (October 6, 2001). "Introducing an arrest warrant in the EU to cause problems for Ireland." Irish Times. page 10.
23. "Convention drafted on the basis of Article K.3 of the Treaty on European Union, on the simplified extradition procedure between the Member States of the European Union". Council of the European Union. Relationship 2015-06-27.
24. See: "L 69/2005". Camera.it. April 29, 2005. Retrieved January 16, 2012;
25. "Council Decision of 27 November 2014 laying down a number of consistent and transitional measures concerning the termination of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Lisbon Treaty ". Official Journal of the European Union. L 343/11. 2014/11/27. Unregistered 2014-11-28.
26. See: "Council of the EU Framework Decision of 13 June 2002 on the European Arrest Warrant (2002/584 / JHA), Article 1 (1)". European Union. Retrieved 2010-12-26.
27. "Number of RCMs issued and resulting in effective delivery, aggregate 2005-13" (PDF). European Parliament.
28. Forde, Michael; Kelly, Kieran (2011). Law on Extradition and Transnational Criminal Procedure (4th edition). Roundhall. page 18. ISBN 978-1-85800-622-2.
29. Płachta, Transfer of Prisoners under International Instruments and Domestic Legislation, p. 159 and 164; explanatory Report on the European Convention, para. 9; David Biles, "International Transfer of Prisoners", Trends and Issues in Crime and Criminal Justice, no. 38 (July 1992); and De Wree, Vander Becken and Vermeulen, "Transfer of Sentenced Persons to Kosovo Europe: Too Much Noise for Reintegration", p. 121-122.
2. See:https://ec.europa.eu/info/law/cross-border-cases/judicial-cooperation/types-judicial cooperation/detention-and-transfer-prisoners_en. Retrieved on 04.08.2018, at 21:14.
3. The International Prisoner Transfer Act 1997 (ITP Act) provides the legal framework for the International Prisoner Transfer Scheme.
4. See:https://www.ag.gov.au/Internationalrelations/Internationalcrimecooperationarrangements/TransferOfPrisoners/Pages/default.aspx. Retrieved on 04.08.2018, at 21:18.
5. This is the term used, for example, in the Convention on the Transfer of Sentenced Persons (Council of Europe, European Treaty Series, No. 112); and the Inter-American Convention on the Elimination of All Forms of Discrimination against Women.
6. As used, for example, in the Convention on the Transfer of Sentenced Persons and the Transfer Scheme of Convicted Persons Convicted offenders within the Commonwealth.
7. See Wolfgang Schomburg et al., Internationale Rechtshilfe in Strafsachen (International Cooperation on Crime Issues), ed. (Munich, Beck, 2006), p. 701.
8. See: Data taken from: https://www.offendersfamilieshelpline.org/index.php/transfer/; Retrieved on 05.08.2018, at 14:1
9. See: Data taken from: https://www.offendersfamilieshelpline.org/index.php/transfer/; Retrieved on 05.08.2018, at 14:15;
10. See paragraphs 58; 59; 60 (2); 61; 62; 64; 65; 66 (1); and 80 of the Standard Minimum Rules for the Treatment of Prisoners (Human Rights: A Review of International Instruments, Volume I (Part I): Universal Instruments (United Nations Publication, Sales No. E.02.XIV.4 ( Vol I, Part 1)), Section J, No. 34). The complex relationship between the three concepts of rehabilitation, resocialization and reintegration is discussed in Sonja Snacken and Dirk van Zyl Smit, Principles of European Prison Law and Policy: Penology and Human Rights (Oxford, Oxford University Press, 2009), p. . 73-85. They are interchangeably used here to reflect the need to enable, as far as possible, convicted persons to develop so that they can lead a life without crime and take their full place in society in the future.
11. This shift of emphasis was recognized by the Grand Chamber of the European Court of Human Rights in Dixon v. United Kingdom, Application no. 44362/04, Judgment of 4 December 2007, para. 28: "In recent years there has been a tendency towards placing more emphasis on rehabilitation, as has been clearly demonstrated by the Council of Europe Legal Instruments. While rehabilitation has been recognized as a means of preventing recidivism, more Recently and more positively, it represents more the idea of resocialization through the promotion of responsible personality.This objective is reinforced by the development of the "principle of progress": while serving or serving a sentence, a prisoner should move progressively through the prison system by moved from the first days of a sentence, when the emphasis may be on punishment and punishment, in the final stages, when the emphasis should be on preparing for release. "
12. See Van Zyl Smith, "International Imprisonment," International and Comparative Law Quarterly, vol. 54, no. 2 (2005), pp. 357-386. Płachta, Michał, Transfer of Prisoners Under International Instruments and Domestic Legislation: A Comparative Study (Freiburg, Max-Planck-Institut, 1993), p. 159, 162 and 166-7; and Eveline De Wree, Tom Vander Becken and Gert Vermeulen, "The Transfer of Sentenced Persons to Europe: Too Much Noise for Reintegration," Punishment and Society, vol. 11, no. 1 (January 2009), p. 111-128.
13. See La Vigne et al., "Examining the effect of imprisonment and family contact in prison with inmates's family relationships," Journal of Justice Contemporary Criminal, vol. 21, no. 4 (November 2005); Alice Mills and Helen Codd, "Prisoners" families and the management of offenders: mobilizing social capital, "Probation Journal, vol. 55, No. 1 (March 2008), pp.11-12.
14. General Assembly Resolution 2200 A (XXI), annex.
15. Human Rights: A Compilation of International Instruments, Volume I (Part One): Universal Instruments (United Nations Edition, Sales No. E.02.XIV.4 (Vol. I, Part 1)), sect. J, Nr. 34.
16. See Human Rights Committee, general comment 21, para. 5;
17. Council of Europe, European Treaty Series, No.5;
18. See preamble, European Convention; para. 9, explanatory report on the European Convention; preamble and art. V, Inter-American Convention on Serving Criminal Sentences Abroad; preamble, Additional Protocol to the European Convention (Council of Europe, European Treaty Series, No. 167); preamble and para. 1, Model Agreement; and paras. 8 and 9, preamble, and arts. 3, para. 1, 4, para. 2, and 4, para. 6, framework decision 2008/909 / JHA.
19. Dirk Van Zyl Smit, "International Imprisonment," p. 364; Płachta, Transfer of Prisoners under International Instruments and Domestic Legislation, p. 166-7 and 206; Claus Kress and Göran Sluiter, "Imprisonment," in the Rome Statute of the International Criminal Court, vol. 1, Antonio Cassese, Paola Gaeta and John R.W.D. Jones, eds. (Oxford, Oxford University Press, 2002), p. 1766; and Dirk van Zyl Smit and John R. Spencer, "The European Dimension for the Release of Sentenced Prisoners" in Prison Release: European Politics and Practice, Nicola Padfield, Dirk van Zyl Smit and Frieder Dünkel, eds. (Cullompton, Willan, 2010), p. 36.
20. See: European Council. "Tampere European Council 15 and 16 October 1999: Presidency Conclusions". para. 35. Retrieved January 31, 2012;
21. Wouters, Jan; Naert, Frederick (June 2004). "On arrest warrants, terrorist offenses and extradition agreements: An assessment of key measures of EU criminal law against terrorism after 9/11" (PDF). Institute of International Law, K.U. Leuven. Retrieved January 18, 2012.
22. Staunton, Denis (October 6, 2001). "Introducing an arrest warrant in the EU to cause problems for Ireland." Irish Times. page 10.
23. "Convention drafted on the basis of Article K.3 of the Treaty on European Union, on the simplified extradition procedure between the Member States of the European Union". Council of the European Union. Relationship 2015-06-27.
24. See: "L 69/2005". Camera.it. April 29, 2005. Retrieved January 16, 2012;
25. "Council Decision of 27 November 2014 laying down a number of consistent and transitional measures concerning the termination of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Lisbon Treaty ". Official Journal of the European Union. L 343/11. 2014/11/27. Unregistered 2014-11-28.
26. See: "Council of the EU Framework Decision of 13 June 2002 on the European Arrest Warrant (2002/584 / JHA), Article 1 (1)". European Union. Retrieved 2010-12-26.
27. "Number of RCMs issued and resulting in effective delivery, aggregate 2005-13" (PDF). European Parliament.
28. Forde, Michael; Kelly, Kieran (2011). Law on Extradition and Transnational Criminal Procedure (4th edition). Roundhall. page 18. ISBN 978-1-85800-622-2.
29. Płachta, Transfer of Prisoners under International Instruments and Domestic Legislation, p. 159 and 164; explanatory Report on the European Convention, para. 9; David Biles, "International Transfer of Prisoners", Trends and Issues in Crime and Criminal Justice, no. 38 (July 1992); and De Wree, Vander Becken and Vermeulen, "Transfer of Sentenced Persons to Kosovo Europe: Too Much Noise for Reintegration", p. 121-122.
Published
2022-05-16
How to Cite
Vlahna, K., & Kuçi, H. (2022). Extradition under Domestic and International Law. Central Asian Journal of Innovations on Tourism Management and Finance, 3(5), 3-13. https://doi.org/10.17605/OSF.IO/XYBT7
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