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Extradition: Aut Punise Aut Debare

Extradition refers to the process where one state surrenders a person located within its borders to another state, typically pursuant to a treaty between the two states. It usually occurs when an individual is accused or convicted of a crime in the requesting state and flees to the extraditing state. Key aspects of extradition include it being based on reciprocity between states and typically requiring a treaty, certain exceptions for political or military offenses, and the requested state having discretion but also attempting to act in good faith and promote international justice.

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50 views3 pages

Extradition: Aut Punise Aut Debare

Extradition refers to the process where one state surrenders a person located within its borders to another state, typically pursuant to a treaty between the two states. It usually occurs when an individual is accused or convicted of a crime in the requesting state and flees to the extraditing state. Key aspects of extradition include it being based on reciprocity between states and typically requiring a treaty, certain exceptions for political or military offenses, and the requested state having discretion but also attempting to act in good faith and promote international justice.

Uploaded by

Adv Faisal Awais
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EXTRADITION

1. Introduction

Ordinarily every state exercises and enjoys complete jurisdiction over all the
persons within its jurisdiction but sometimes there may be cases where a
person after committing crime runs away to another country. In such a
situation, the state finds itself helpless to exercise jurisdiction to punish such
persons. The term extradition denotes the person whereby under a treaty or
upon a basis of reciprocity one state surrenders to another state at its request
a person accused or convicted of a criminal offence.

2. Meaning of Extradition

Delivery, handing over or surrender of an accused or convicted person from


one state to another

3. Definition of Extradition

● According to Oppenheim, extradition is the delivery of an accused or a


convicted individual to the state on whose territory he is alleged to have
committed or to have been convicted of a crime by the state on whose
territory the alleged criminal happens to be for the time being.
According to Starke,
● According to Grotrious

4. Basis of Extradition

This principle is based on a Latin maxim


Aut Punise Aut debare

`The runaway offender must be punished by the refugee state or surrendered


to the state affected. `

5. Object of Extradition

● To ensure that serious criminals do not go unpunished


● That state in which the crime is committed, is the best state to try and
punish the offender.

6. Who Can Be Extradited?


The requesting state may claim a runaway offender of following categories

● Its own National


● National of third state
7. Is a state duty bound to grant extradition?

➢ No General Rule:

There is no general Rule under International Law which binds a state to grant
extradition except .

➢ Under Extradition Treaty


Only in case of an extradition treaty an injured state can claim run away
offender to the other state party.

Case Reference: State of Madras Vs G.C. Memon (1954)

It was held that Extradition with foreign states except with exceptional cases
only governed under bilateral treaty or any regional arrangement.

➢ In a Good Faith
A state may surrender the runway offender to requesting state in a good faith
and for the sake of International peace and Justice.

Case Reference: Lockerbie Case (1992)


It was held that in case of more then one state has jurisdiction over an offence
a state can insist on the extradition of a defendant from a state which is willing
to prosecute the offence itself.

8. Exceptions to Extradition

I.No Treaty

Case Reference: Osama Bin Ladin case

II.Political Offence

Case Reference: Murtaza Bhutto Case

Case Reference: Recastioni Case (1891)

III.Religious Offence

Case Reference: Salman Rushdi Case

IV.Common Offence

V.Military Offence

VI.No Prima Facia Case against Claimed person

VII.Inadequate Evidence
Case Reference: Tavashar Extradition Case

It was held that accused was discharged because no proper evidence was made against him.

VIII.Rule of Speciality

Case Reference: US Vs Ravscher

It was held that Ravscher may be tried only for that offence for which extradition was granted.

IX.Formalities

X.Double Criminality

9. Major Events of Extradition

10. Difference between Expulsion and Extradition

Under Foreigners Act 1946, following are the differences between Expulsion
and Extradition,

● Expulsion without request


Extradition is on request
● Expulsion can be made on any grounds under state law.
Extradition can be requested on certain grounds
● Expulsion involved only one state
Extradition is the involvement of two states

11. Different Extradition Practices in Different States

● British Practices – The Extradition Act 1870


● French Practices – French Extradition Policy
● Pakistan Practices – the Extradition Act 1903

12. Conclusion

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