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The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. [2] Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
The Extradition Act 1870 provided in general language for an exception to extradition for offences of a political character or offences for which extradition is sought to punish the offender for a political action, but the Act did not define those terms in detail.
The scope of review of a writ of habeas corpus in extradition is meant to be limited. [23] It is settled to cover at least inquiries on whether: the extradition magistrate acquired jurisdiction over the individual and the matter; the crime for which extradition is sought is included within the treaty as an extraditable offense, and
The answer, apparently, was by fleeing to a country with no extradition treaty with the United States: The former CIA employee and NSA contractor is currently hiding out in Hong Kong.
Non-refoulement (/ r ə ˈ f uː l m ɒ̃ /) is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting ("refoulement") any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion".
Double criminality, or dual criminality, is a requirement in the extradition law and international prisoner transfers of many countries.It states that a suspect can be extradited from one country to stand trial for breaking a second country's law only if a similar law exists in the extraditing country, and that any crime in any sentencing country must also be a crime in any other country to ...
For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place. Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness.
Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time.