page_title: Extradition
section_title: International tensions
hierarchical_section_title: Extradition / Controversies / International tensions
caption_attribution_description: English: Viktor Bout extradited to the United States aboard a Drug Enforcement Administration plane
context_page_description: Extradition is an act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. It is a cooperative law enforcement process between the two jurisdictions and depends on the arrangements made between them. Besides the legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
  Through the extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction. If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.
  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.
context_section_description: 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 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. In order 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.
  There is at present controversy in the United Kingdom about the Extradition Act 2003, 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.
  In 2013, the United States submitted extradition requests to many nations for former National Security Agency employee Edward Snowden. It criticized Hong Kong for allowing him to leave despite an extradition request.
caption: Viktor Bout extradited to the United States aboard a Drug Enforcement Administration plane.
exif: {"Image ImageDescription": "WHITE PLAINS, NY - NOVEMBER 16:  In this photo provided by the U.S. Department of Justice, former Soviet military officer and arms trafficking suspect Viktor Bout (C) deplanes after arriving at Westchester County Airport November 16, 2010 in White Plains, New York. Bout was extradited from Thailand to the U.S. to face terrorism charges after a final effort by Russian diplomats to have him released failed. (Photo by U.S. Department of Justice via Getty Images)", "Image Artist": "Handout", "Image Copyright": "2010 Department Of Justice"}