Extradition

see also: Etymology of Extradition

The extradition is the action to deliver the author of an infringement to a foreign State which claims it, so that it can there be judged or carry out his sorrow.

The extradition is the fruit of an agreement between two States. A State “sends” a person in another State, often to be condemned or purge a custodial sentence.

The extradition is a process set up when a State stops a person having made a crime in another State.

The European Court of the Human rights, has a jurisprudence very innovating on the matter. She refuses to extradite an individual under the jurisdiction of a Member State, if this one is condemned to the capital punishment in its country of origin. She justifies it by declaring that the conditions surrounding the capital punishment (" syndrome of the corridor of the mort" , distresses, withdrawal period…) constitute a torture, which is contrary in article 3 of the European Convention of the human rights. (stop Soering C the United Kingdom, July 7th, 1989). Since, jurisprudence evolved/moved and the capital punishment is autonomisée more and more. It becomes an act of torture in oneself, that the Court can directly condemn. Thanks to the CEDH, one operates a " protection by ricochet" foreigners against measurements of their country of origin.

Agreement of extradition between the countries

France signed bilateral agreements of co-operation related to the extraditions with 50 countries (between bracket the date of final signature of this agreement):

- Algeria: (August 27th, 1964) - Australia: (August 31st, 1988) - Bosnia-Herzégovine (September 23rd, 1970) - Brazil (May 28th, 1996) - Canada (November 17th, 1988) - Cuba (January 3rd, 1925) - Djibouti (September 27th, 1986) - Ecuador (April 13rd, 1937) - the United States (April 23rd, 1996) - Gabon (July 23rd, 1963) - India (January 24th, 2003) - Iran (June 24th, 1964) - Latvia (October 29th, 1924) - Liberia (January 5th, 1897) - Macedonia September 23rd, 1970

To announce that the members of the European Union them also signed this agreement for the extradition of their nationals in the name of the total legal collaboration of the Community countries.

Signed in April 1996, the agreement between the the United States and the European Union was greeted like an major advance with the sight of the relations often tended between the two entities.

Some extraditions

extradition

Marco Camenisch, extradited Swiss Italy in on April 18th, 2002. Reason: assassination.

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