Editing Extradition (section)

=== Restrictions ===
Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is being sought for a [[political crime]]. Many countries, such as Mexico, Canada and most European nations, will not allow extradition if the death penalty may be imposed on the suspect unless they are assured that the death sentence will not be passed or carried out. In the case of ''[[Soering v. United Kingdom]]'', the [[European Court of Human Rights]] held that it would violate Article 3 of the [[European Convention on Human Rights]] to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and the uncertain timescale within which the sentence would be executed. Parties to the European Convention also cannot extradite people where they would be at significant risk of being tortured inhumanely or degradingly treated or punished.

These restrictions are normally clearly spelled out in the extradition treaties that a government has agreed upon. They are, however, controversial in the United States, where the death penalty is practiced in some U.S. states, as it is seen by many as an attempt by foreign nations to interfere with the [[Criminal law in the United States|U.S. criminal justice system]]. In contrast, pressures by the U.S. government on these countries to change their laws, or even sometimes to ignore their laws, is perceived by many in those nations as an attempt by the United States to interfere in their sovereign right to manage justice within their own borders. Famous examples include the extradition dispute with Canada on [[Charles Ng]], who was eventually extradited to the United States on murder charges.

Countries with a [[rule of law]] typically make extradition subject to review by that country's courts. These courts may impose certain restrictions on extradition, or prevent it altogether, if for instance they deem the accusations to be based on dubious evidence, or evidence obtained from [[torture]], or if they believe that the defendant will not be granted a [[fair trial]] on arrival, or will be subject to cruel, inhumane or degrading treatment if extradited.

Several countries, such as [[France]], the [[Russian Federation]], [[Austria]], [[China]] and [[Japan]], have laws against extraditing their respective citizens. Others, such as [[Germany]] and [[Israel]], do not allow for extradition of their own citizens in their constitutions. Some others stipulate such prohibition on extradition agreements rather than their laws. Such restrictions are occasionally controversial in other countries when, for example, a French citizen commits a crime abroad and then returns to their home country, often being perceived as doing so to avoid prosecution. These countries, however, make their criminal laws applicable to citizens abroad, and they try citizens suspected of crimes committed abroad under their own laws. Such suspects are typically prosecuted as if the crime had occurred within the country's borders.