Editing Extradition (section)

== Controversies ==

=== International tensions ===
[[File:Baltic extration - 1946.jpg|thumb|Swedish extradition of German and Baltic soldiers to the [[Soviet Union]] in January 1946]]
[[File:Miguelrodriguez-extradition.png|thumb|[[Cali Cartel]] boss [[Miguel Rodríguez Orejuela]] extradited from Colombia to the United States.]]
[[File:Juan Carlos Ramirez Abadia extradition.jpg|thumb|[[Juan Carlos Ramírez Abadía]] being extradited to face charges in the United States.]]
[[File:Viktor Bout Extradited to US.jpg|thumb|[[Viktor Bout]] extradited to the United States aboard a [[Drug Enforcement Administration]] [[Airplane|plane]].]]

The refusal of a country to extradite suspects or criminals to another may lead to international relations being strained. Often, the country to which extradition is refused will accuse the other country of refusing extradition for political reasons (regardless of whether or not this is justified). A case in point is that of [[Ira Einhorn]], in which some US commentators pressured President [[Jacques Chirac]] of France, who does not intervene in legal cases, to permit extradition when the case was held up due to differences between French and American human rights law. Another long-standing example is [[Roman Polanski]] whose extradition was pursued by California for over 20 years. For a brief period he was placed under arrest in Switzerland, however subsequent legal appeals there prevented extradition.

The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a [[rule of law]]. Typically, in such countries, the final decision to extradite lies with the national executive (prime minister, [[President (government title)|president]] or equivalent). However, such countries typically allow extradition defendants recourse to the law, with multiple appeals. These may significantly slow down procedures. On the one hand, this may lead to unwarranted international difficulties, as the public, politicians and journalists from the requesting country will ask their executive to put pressure on the executive of the country from which extradition is to take place, while that executive may not in fact have the authority to deport the suspect or criminal on their own. On the other hand, certain delays, or the unwillingness of the local prosecution authorities to present a good extradition case before the court on behalf of the requesting state, may possibly result from the unwillingness of the country's executive to extradite.

Even though the United States has an extradition treaty with Japan, most extraditions are not successful due to Japan's domestic laws. For the United States to be successful, they must present their case for extradition to the Japanese authorities. However, certain evidence is barred from being in these proceedings such as the use of confessions, searches or electronic surveillance. In most cases involving international drug trafficking, this kind of evidence constitutes the bulk of evidence gathered in the investigation on a suspect for a drug-related charge. Therefore, this usually hinders the United States from moving forward with the extradition of a suspect.<ref>{{Cite journal|last1=Surena|first1=André M.|last2=Grove|first2=Margaret A.|last3=Perl|first3=Raphael|last4=Zagaris|first4=Bruce|last5=Blum|first5=Jack A.|date=1990|title=International Drug Traffic|journal=Proceedings of the Annual Meeting (American Society of International Law)|volume=84|pages=1–12|jstor=25658526|issn=0272-5037}}</ref>

There is at present controversy in the United Kingdom about the [[Extradition Act 2003]],<ref>{{cite web |url=http://www.fco.gov.uk/Files/kfile/USExtradition_210503.pdf |title=Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America |access-date=6 July 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060715051153/http://www.fco.gov.uk/Files/kfile/USExtradition_210503.pdf |archive-date=15 July 2006 }}</ref> which dispenses with the need for a ''prima facie'' case for extradition. This came to a head over the extradition of [[the Natwest Three]] from the UK to the U.S., for their alleged fraudulent conduct related to [[Enron]]. Several British political leaders were heavily critical of the British government's handling of the issue.<ref>{{cite web|author=Oliver King and agencies |url=http://politics.guardian.co.uk/foreignaffairs/story/0,,1812471,00.html |title=Lib Dem leader joins bankers' extradition battle |publisher=Politics.guardian.co.uk |date=4 July 2006 |access-date=29 July 2014}}</ref>

In 2013, the United States submitted extradition requests to many nations for former National Security Agency employee [[Edward Snowden]].<ref>{{cite web |url=http://usdoj.com/7663/38803/a/usa-requests-provisional-arrest-warrants-from-various-countries-against-edward-s |title=USA requests provisional arrest warrants from various countries against Edward S |access-date=19 April 2013 |url-status=dead |archive-url=https://web.archive.org/web/20170628142406/http://usdoj.com/7663/38803/a/usa-requests-provisional-arrest-warrants-from-various-countries-against-edward-s |archive-date=28 June 2017 }}</ref> It criticized Hong Kong for allowing him to leave despite an extradition request.<ref>{{cite news| url=https://edition.cnn.com/2013/07/11/world/nsa-snowden/index.html | work=CNN | title=U.S. criticizes China's handling of Snowden case – CNN.com | date=12 July 2013}}</ref>

=== Extradition case of Huawei CFO Meng Wanzhou ===
{{Main|Extradition case of Meng Wanzhou}}
It is a part of the [[China–United States trade war]], which is political in nature.

=== 2019 Hong Kong extradition law protests ===
{{Main|2019–2020 Hong Kong protests}}
A proposed Hong Kong extradition law tabled in April 2019 led to one of the [[2019–2020 Hong Kong protests|biggest protests in the city's history]], with 1 million demonstrators joining the protests on 9 June 2019.<ref name="cbsnews.com">{{Cite web|url=https://www.cbsnews.com/news/hong-kong-protest-against-china-extradition-bill-draws-1-million-people-to-stage-mass-demonstration/|title=Hong Kong protests against Chinese extradition bill draw 1 million demonstrators|website=www.cbsnews.com|date=10 June 2019 |language=en-US|access-date=15 June 2019}}{{disputed inline|Disputed number of Hong Kong demonstrators|date=July 2023}}</ref> They took place three days before the Hong Kong government planned to bypass the [[Legislative committee|committee process]] and bring the contentious bill straight to the full legislature to hasten its approval.<ref name="cbsnews.com" />

The bill, which would ease extradition to [[Mainland China]], includes 37 types of crimes. While the Beijing-friendly ruling party maintains that the proposal contains protections of the [[Double criminality|dual criminality requirement]] and human rights, its opponents allege that after people are surrendered to the mainland, it could charge them with some other crime and [[Capital punishment in China|impose the death penalty]] (which has been [[Capital punishment in Hong Kong|abolished]] in Hong Kong) for that other crime.<ref>{{Cite web|url=https://www.hongkongfp.com/2019/03/26/hong-kong-scraps-9-types-commercial-crimes-china-extradition-plan-amid-pressure-business-sector/|title=Hong Kong scraps 9 types of commercial crimes from China extradition plan amid pressure from business sector|last=Cheng|first=Kris|date=26 March 2019|website=Hong Kong Free Press HKFP|language=en-GB|access-date=15 June 2019}}</ref> There are also concerns about the retroactive effect of the new law.<ref name=":0">{{Cite web|url=https://harbourtimes.com/2019/04/23/hk-effort-to-ease-extradition-law-concerns-fall-short-many-rendition-routes-to-china-remain/|title=HK effort to ease extradition law concerns fall short; many rendition routes to China remain|last=Mak|first=Elise|date=23 April 2019|website=Harbour Times|language=en|access-date=15 June 2019}}</ref>

The government's proposal was amended to remove some categories after complaints from the business sector, such as "the unlawful use of computers".<ref name=":0" />

Experts have noted that the legal systems of mainland China and Hong Kong follow 'different protocols' with regard to the important conditions of ''double criminality'' and [[non-refoulement]], as well as on the matter of executive vs. judicial oversight on any extradition request.<ref>{{Cite web|url=https://warwick.ac.uk/newsandevents/expertcomment/the_proposed_hong|title=University of Warwick (UK): The proposed Hong Kong-China extradition bill – expert comment|website=warwick.ac.uk|access-date=15 June 2019}}</ref>

=== Abductions ===
<!-- This section is linked from [[List of kidnappings]] -->
In some cases a state has [[kidnapping|abducted]] an alleged criminal from the territory of another state either after normal extradition procedures failed, or without attempting to use them. Notable cases are listed below:

{|class="wikitable sortable"
|+
! Name
! Year
! From
! To
|-
| [[Morton Sobell]]
| 1950
| Mexico
| United States
|-
| [[Adolf Eichmann]]
| 1960
| Argentina
| Israel
|-
| [[Antoine Argoud]]
| 1963
| West Germany
| France
|-
| [[Isang Yun]]
| 1967<ref>{{cite news|last=Gil|first=Yun-hyeong|url=http://www.hani.co.kr/section-005000000/2004/10/005000000200410291814225.html|language=ko|date=30 October 2004|access-date=30 May 2007|title=독일, 당시 국교단절 검토: 67년 윤이상씨등 서울로 납치 '동백림사건' 항의 (Germany considered breaking off relations at the time: Protests over the 1967 "East Berlin incident" kidnapping of Isang Yun and others)|newspaper=[[The Hankyoreh]]|archive-date=9 December 2007|archive-url=https://web.archive.org/web/20071209201600/http://www.hani.co.kr/section-005000000/2004/10/005000000200410291814225.html|url-status=dead}}</ref>
| West Germany
| South Korea
|-
| [[Mordechai Vanunu]]
| 1986
| Italy
| Israel
|-
| [[Humberto Álvarez Machaín]]
| 1990
| Mexico
| United States
|-
| [[Abdullah Ocalan|Abdullah Öcalan]]
| 1999
| Kenya
| Turkey
|-
| [[Wang Bingzhang (dissident)|Wang Bingzhang]]
| 2002
| Vietnam
| China
|-
| [[Hassan Mustafa Osama Nasr]]
| 2003
| Italy
| Egypt
|-
| [[Rodrigo Granda]]
| 2004
| Venezuela
| Colombia
|-
| {{interlanguage link|Konstantin Yaroshenko|et|Konstantin Jarošenko|ru|Ярошенко, Константин Владимирович|uk|Ярошенко Костянтин Володимирович}}
| 2008
| Liberia
| United States
|-
| [[Dirar Abu Seesi]]
| 2011
| Ukraine
| Israel
|-
| [[Gui Minhai]]
| 2015
| Thailand
| China
|-
| [[Trịnh Xuân Thanh]]
| 2017
| Germany
| Vietnam
|}

=== "Extraordinary rendition" ===
{{Main|Extraordinary rendition}}
"Extraordinary rendition" is an [[extrajudicial]] procedure in which criminal suspects, generally suspected [[terrorist]]s or supporters of terrorist organisations, are transferred from one country to another.<ref name=MJC-2009-09-08>Michael John Garcia, Legislative Attorney American Law Division. [https://fas.org/sgp/crs/natsec/RL32890.pdf Renditions: Constraints Imposed by Laws on Torture] 8 September 2009; link from the United States [http://www.counterterrorismtraining.gov/leg/index.html Counter-Terrorism Training and Resources for Law Enforcement web site] {{webarchive |url=https://web.archive.org/web/20121014042245/http://www.counterterrorismtraining.gov/leg/index.html |date=14 October 2012 }}</ref> The procedure differs from extradition as the purpose of the rendition is to extract information from suspects, while extradition is used to return fugitives so that they can stand trial or fulfill their sentence. The United States' [[Central Intelligence Agency]] (CIA) allegedly operates a global extraordinary rendition programme, which from 2001 to 2005 captured an estimated 150 people and transported them around the world.<ref name="NYT-17-Feb-2009" /><ref name="CIA-Background-Memo">"[https://www.aclu.org/torturefoia/released/082409/olcremand/2004olc97.pdf Background Paper on CIA's Combined Use of Interrogation Techniques]". 30 December 2004. Retrieved 2 January 2010.</ref><ref name="Huff-Post-08-28-09">"[http://www.huffingtonpost.com/2009/08/28/new-cia-docs-detail-bruta_n_271299.html New CIA Docs Detail Brutal 'Extraordinary Rendition' Process]". ''Huffington Post''. 28 August 2009. Retrieved 2 January 2010.</ref><ref name="ACLU-Fact-Sheet">[https://www.aclu.org/safefree/extraordinaryrendition/22203res20051206.html Fact sheet: Extraordinary rendition], [[American Civil Liberties Union]]. Retrieved 29 March 2007 {{in lang|en}}</ref>

The alleged US programme prompted several official investigations in Europe into alleged [[black site|secret detentions]] and illegal international transfers involving [[Council of Europe]] member states. A [[#27 June 2006 Council of Europe resolution|June 2006 report]] from the Council of Europe estimated 100 people had been kidnapped by the CIA on EU territory (with the cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres ("[[black site]]s") used by the CIA, some of which could be located in Europe. According to the separate [[#The European Parliament's 14 February 2007 report|European Parliament report of February 2007]], the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of article 3 of the [[United Nations Convention Against Torture]].<ref>[http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta06/ERES1507.htm Resolution 1507 (2006).]  {{webarchive|url=https://web.archive.org/web/20100612123848/http://assembly.coe.int/Main.asp?link=%2FDocuments%2FAdoptedText%2Fta06%2FERES1507.htm |date=12 June 2010 }} Alleged secret detentions and unlawful inter-state transfers of detainees involving Council of Europe member states]</ref> A large majority of the [[European Union Parliament]] endorsed the report's conclusion that many member states tolerated illegal actions by the CIA, and criticised such actions. Within days of his inauguration, President Obama signed an Executive Order opposing rendition torture and established a task force to provide recommendations about processes to prevent rendition torture.<ref name="whitehouse.gov">{{cite web |url=https://www.whitehouse.gov/the_press_office/EnsuringLawfulInterrogations/ |title=Ensuring Lawful Interrogations |publisher=[[White House]] |access-date=17 July 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090126061153/http://www.whitehouse.gov/the_press_office/EnsuringLawfulInterrogations/ |archive-date=26 January 2009 }}</ref>

=== Uyghur extradition ===
{{Further|Persecution of Uyghurs in China}}
In June 2021, [[CNN]] reported testimonies of several [[Uyghurs]] accounting for the detention and extradition of people they knew or were related to, from the United Arab Emirates. Documents issued by the Dubai public prosecutor and viewed by CNN, showed the confirmation of [[China]]’s request for the extradition of a detained Uyghur man, Ahmad Talip, despite insufficient proof of reasons for extradition.<ref name="auto">{{cite web|url=https://edition.cnn.com/2021/06/08/middleeast/uyghur-arab-muslim-china-disappearances-cmd-intl/index.html|title=Uyghurs are being deported from Muslim countries, raising concerns about China's growing reach|accessdate=8 June 2021|website=CNN|date=8 June 2021 }}</ref>

In 2019, UAE, along with several other Muslim nations publicly endorsed China's Xinjiang policies, despite Beijing being accused of [[genocide]] by the [[US State Department]]. Neither Dubai authorities nor the foreign ministry of UAE respond to the several requests for comment made by CNN on the [[Detention (imprisonment)|detention]] and extradition of Uyghurs.<ref name="auto" />