Why Are There Delays in Extradition?

As the world becomes more interconnected, crime has also become more complicated, with criminals often crossing borders to avoid prosecution. This, in turn, has made extradition a crucial aspect of modern-day criminal law.

However, despite the importance of extradition, it is often a slow and complicated process. In this article, we explore the reasons why there are delays in extradition cases across the world.

What is Extradition?

Extradition is the process by which a person accused or convicted of a crime is sent back to their home country to face trial or serve a sentence. This process is based on treaties between countries that provide for the surrender of fugitives. Extradition law varies from country to country, and many nations have their own extradition policies.

Extradition is a crucial tool to fight international crime. Countries that are signatories to treaties governing extradition must comply with each other’s requests to extradite accused criminals. However, the success of extradition requests is not always guaranteed, and there are often delays in the process.

Reason #1: Political Considerations

One of the main reasons for delays in extradition cases is political considerations. Governments may be reluctant to extradite individuals for political reasons, such as a fear of diplomatic fallout, domestic political pressure, or concerns about human rights violations.

For example, the case of Julian Assange, the founder of WikiLeaks, who took refuge in Ecuador’s embassy in London in 2012, highlights how political considerations can lead to delays in extradition cases. Assange is wanted in the United States on espionage charges related to WikiLeaks’ publication of classified US military documents.

When Ecuador granted Assange asylum, the UK government pursued a legal battle to extradite him to Sweden, where he faced sexual assault charges. However, when Sweden dropped the charges in 2017, the UK’s efforts to extradite him were overshadowed by the US’s extradition request.

Assange’s case has become politically charged, with critics of his prosecution arguing that it is politically motivated and an attack on freedom of the press. The delays in his case have been due in part to diplomatic wrangling between the UK, the US, and Ecuador, highlighting the influence of politics in extradition proceedings.

Reason #2: Legal Complexities

Many extradition cases are complicated legal affairs that involve multiple legal systems, languages, and legal traditions. This complexity often leads to delays in the extradition process, as legal teams work to untangle the intricacies of different legal systems and ensure that the process complies with all relevant laws.

For example, extradition cases between common law countries such as the US and the UK are often more straightforward than cases involving civil law countries such as France. The differences between civil law and common law systems can lead to significant legal challenges in extradition cases.

The case of Carlos Ghosn, the former CEO of Nissan, who escaped from Japan to Lebanon in 2019 while awaiting trial for financial misconduct, highlights how legal complexities can lead to delays in extradition cases. Japan has requested his extradition from Lebanon, but the two countries do not have an extradition treaty, making the process more difficult.

Moreover, Lebanese law does not allow extradition for cases related to financial crimes, further complicating the legal aspects of the case. The Ghosn case illustrates the challenges involved in extradition cases, especially when multiple legal systems and traditions are involved.

Reason #3: Human Rights Concerns

Human rights concerns are another factor that can lead to delays in extradition cases. Extradition to countries where human rights abuses are common may be prohibited under international law. Moreover, extradition may be delayed if there are concerns that the accused person may face the death penalty or other forms of cruel, inhuman, or degrading treatment.

For example, the case of Lauri Love, a British hacker wanted in the US on charges relating to cyberattacks on US government agencies, highlights how human rights concerns can delay extradition cases. Love’s case was delayed for years as he fought against extradition, arguing that he would face inhumane treatment in the US prison system.

In 2018, Love won his legal battle against extradition after a British court ruled that his extradition would be unjust and oppressive due to his risk of suicide. The case highlights how human rights concerns can be a significant factor in extradition proceedings.

Reason #4: Administrative Challenges

Administrative challenges are also a common reason for delays in extradition cases. Extradition cases require extensive coordination between law enforcement agencies, prosecutors, and courts, and small administrative errors can lead to significant delays.

For example, extradition cases may be delayed if the paperwork is incomplete or if there are errors in translations. Moreover, extradition cases may be held up if there are concerns about the security of the accused person during transportation or during their time in custody.

The case of Joaquín El Chapo Guzmán, the former head of Mexico’s Sinaloa cartel, highlights the administrative challenges that can delay extradition cases. Guzmán, who was extradited to the US in 2017 to face charges on drug trafficking and other crimes, experienced significant administrative challenges during the extradition process.

Guzmán’s legal team argued that his conditions of confinement in Mexican prison were so harsh that they violated his human rights and requested that his extradition be delayed. However, Guzmán was eventually extradited to the US after lengthy legal proceedings and administrative challenges.

Conclusion

Extradition is a critical tool for governments to fight transnational crime, but it is a complex and often lengthy process. The reasons for delays in extradition proceedings are varied, from political considerations and legal complexities to human rights concerns and administrative challenges.

As our world becomes increasingly interconnected, international cooperation and coordination are crucial to ensure that criminals are brought to justice. However, the delays and complications involved in extradition proceedings highlight the need for continued legal reform and cooperation to ensure the efficient and fair administration of justice.

Extradition is an official process whereby one nation or official state surrenders a suspected or convicted criminal to the country or jurisdiction in which the individual committed the act. The individual is in essence transferred to the other country to process the underlying punishment in the area where he or she committed the illegal act.

The agreements between nations to extradite an individual are outlined in various treaties. Although the stipulations for what constitutes proper extradition and between whom extradition is permitted, there are numerous delays in the process that arise from different interpretations over the underlying wrongdoings.

Delays in extradition are common, and are often instituted on purpose to take advantage of a loophole or are enacted to appease one of the nations involved in the process. Delays in extradition are often imposed by the origin country (country where the convicted individual is from) to impede the punishment process abroad.

The delays found in the extradition process simply mean that the individual in question is held in custody, and the trial process is put on hold until the individual can be relocated to the country in which he or she committed the act.