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Author: Stefano Maffei Publisher: ISBN: 9789089522078 Category : Extradition Languages : en Pages : 0
Book Description
The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
Author: Stefano Maffei Publisher: ISBN: 9789089522078 Category : Extradition Languages : en Pages : 0
Book Description
The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
Author: Andrew Symeou Publisher: Biteback Publishing ISBN: 1849549281 Category : Biography & Autobiography Languages : en Pages : 312
Book Description
2003: The European Arrest Warrant (EAW) is introduced under the Extradition Act. A mechanism intended to facilitate the speed and ease with which criminals are brought to justice, it prevents British courts from considering any evidence before extraditing a person wanted by the authorities of another European member state - a mechanism open to abuse and error. 2007: Eighteen-year-old Andrew Symeou travels to Greek island Zante to celebrate the end of exams with friends. While there, another British boy is punched in a nightclub and tragically dies two days later. The pair had never met and Andrew was in another nightclub at the time. Greek police beat witnesses, fabricate statements and pin the crime on a man from a photograph - one taken on a different night to the incident. 2008: Andrew is arrested at his north London home by British police with an EAW. He is wanted for murder. Private Eye described the Greek investigation as 'flawed, contradictory and in places ludicrous'. A British coroner slammed it as being 'a misguided effort to solve the crime'. Regardless, a British court was unable to prevent his extradition and, despite never having been questioned by police and publicly protesting his innocence, Andrew was thrown into a Greek prison with hardened criminals. He spent almost a year awaiting trial in truly horrific conditions, encountering violence, drugs, racism and rioting - the most extreme of which he witnessed in the infamous Korydallos Prison. ln 2011, Andrew was acquitted as the Greek police's case unravelled. Extradited is the honest, moving, yet witty account of Andrew's incredible fight for justice.
Author: Nisha Kapoor Publisher: Verso Books ISBN: 1786633507 Category : Political Science Languages : en Pages : 241
Book Description
The extradition of terror suspects reveals the worst features of the security state In 2012 five Muslim men—Babar Ahmad, Talha Ahsan, Khalid al-Fawwaz, Adel Abdul Bary, and Abu Hamza—were extradited from Britain to the US to face terrorism-related charges. Fahad Hashmi was deported a few years before. Abid Naseer and Haroon Aswat would follow shortly. They were subject to pre-trial incarceration for up to seventeen years, police brutality, secret trials, secret evidence, long-term detention in solitary confinement, citizenship deprivation and more. Deport, Deprive, Extradite draws on their stories as starting points to explore what they illuminate about the disciplinary features of state power and its securitising conditions. In looking at these stories of Muslim men accused of terrorism-related offences, Nisha Kapoor exposes how these racialised subjects are dehumanised, made non-human, both in terms of how they are represented and via the disciplinary techniques used to expel them. She explores how these cases illuminate and enable intensifying authoritarianism and the diminishment of democratic systems.
Author: David A. Sadoff Publisher: Cambridge University Press ISBN: 1107129281 Category : Law Languages : en Pages : 725
Book Description
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Author: Harmen van der Wilt Publisher: Routledge ISBN: 0429670206 Category : Law Languages : en Pages : 292
Book Description
The Law and Practice of Extradition provides an in-depth overview of extradition law and practice, providing students with an understanding of how key elements have been shaped by the state, the fugitive and the international community. The process of globalisation has offered huge opportunities for organised crime, both in terms of expansion of operations and the possibility to evade justice, confronting states with considerable challenges. The Law and Practice of Extradition addresses all key topics in this fast-evolving area, including extradition and international crimes, terrorism and human rights. This textbook is particularly suitable for master's and post-doctoral students with a basic background knowledge of international law, criminal law and international relations, and will interest legal practitioners who seek a better understanding of extradition.
Author: Michael Abbell Publisher: BRILL ISBN: 9047443853 Category : Law Languages : en Pages : 608
Book Description
As recently as the early 1970s, the United States typically made and received only 40 requests for international extradition per year. As the world has become “flatter”, there has been a concomitant explosion in transnational criminal activity to which the United States has had to respond. In 2008 alone, 589 people were extradited to it and many others extradited by it. The treatise is designed for prosecutors, defense attorneys, judges and academics. Written by the former Department of Justice official responsible for implementation of United States extradition statutes and treaties as it began designing the mechanisms to cope with the explosion of transnational criminal activity, it analyzes in detail the legal aspects of, and operation under, those statutes and treaties. Additional titles by Michael Abbell include: • International Prisoner Transfer 2010 • Obtaining Evidence Abroad in Criminal Cases 2010 This is the final Edition, there will be no further updates for this series.
Author: Gary Botting Publisher: BRILL ISBN: 9004479597 Category : Law Languages : en Pages : 479
Book Description
The tumultuous relationship between the United States and Canada’s extradition systems, their histories, and all of the issues, conflicts and controversies are here in this richly detailed, colorful text. The book is especially valuable today given the global response to the events of September 11, 2001 and the United States’ war on terrorism, which has had a dramatic impact on the way Canada and the U.S. conduct extradition procedures between one and other. The author examines the most crucial extradition cases from the 19th to the 21st century, including cases arising out of World War II, the civil rights era, and recent terrorist activities. Amongst the highlights are detailed analysis of: • Attitudes towards extradition in North America from initial reluctance to extradite to the negotiation of the Jay Treaty (1794), which had a rudimentary extradition provision; • The period of the greatest development of extradition law, which occurred at the beginning of the twentieth century; • The consolidation of extradition procedure towards a period of assertion of pre-eminent executive discretion, a “devolution” characterized by an eventual breakdown in cooperation between Canada and the United States in extradition matters after the Second World War; • The extent to which extradition dried up until 1971, when a new extradition treaty between Canada and the United States was negotiated, along with innovative procedures for improving cooperation in handling extradition requests on both sides of the border; • The Treaty of Extradition Between the Government of Canada and the Government of the United States ratified in 1976, as amended in 1988 and 2003, which provides rules governing seizure and sufficiency of evidence, arrest, and provisional arrest; encourages mutual cooperation between the executive authorities of the two nations; and in theory at least provides a modicum of protection for individuals caught up in extradition proceedings. Current legislative scheme in Canada’s Extradition Act (1999), showing the ways in which executive discretion has been expanded and judicial discretion diminished in virtually every level. The shifting sands of extradition law from the perspective of the twenty-first century, including the ramifications of extraditing alleged terrorists to face justice in a shaken and bestirred America. This work will be valuable for anyone working on the myriad extradition cases now existing between the United States and Canada or for those interested in acquiring an understanding of certain historical differences between these North American neighbors. Published under the Transnational Publishers imprint.
Author: David A. Shirk Publisher: Council on Foreign Relations ISBN: 0876094426 Category : Political Science Languages : en Pages : 57
Book Description
The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.
Author: Michael John Garcia Publisher: DIANE Publishing ISBN: 1437934811 Category : Political Science Languages : en Pages : 47
Book Description
¿Extradition¿ is the formal surrender of a person by a State to another State for prosecution or punishment. The U.S. has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. Contents of this report: (1) Intro.; (2) Bars to Extradition; (3) Constitutionality; (4) Procedure for Extradition from the U.S.: Arrest and Bail; Hearing; Review; Surrender; (5) Extradition for Trial or Punishment in the U.S.; (6) Alternatives to Extradition; Waiver. Append.: Countries with Which the U.S. Has a Bilateral Extradition Treaty, and those with Which the U.S. Has No Bilateral Extradition Treaty.
Author: Stefano Maffei
Author: Stefano Maffei
Author: Andrew Symeou
Author: Nisha Kapoor
Author: David A. Sadoff
Author: Harmen van der Wilt
Author: Michael Abbell
Author: Gary Botting
Author: David A. Shirk
Author: Edward Grange
Author: Michael John Garcia