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    Summary of The European Convention On Extradition

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    Summary of The European Convention On Extradition

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    Mihai
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    Summary of the European Convention on Extradition

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    Summary of The European Convention On Extradition

    Uploaded by

    Mihai

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Summary of the European Convention on Extradition (1957)

    The European Convention on Extradition sets the framework for extradition agreements
    between member states of the Council of Europe, aiming for greater legal unity. Key provisions
    include:

    1. Obligation to Extradite (Article 1)

    Contracting Parties must extradite individuals who are either facing legal proceedings or are
    wanted for carrying out sentences in the requesting state, under the conditions laid out in the
    Convention.

    2. Extraditable Offences (Article 2)

    Extradition applies to offences punishable by at least one year of imprisonment in both the
    requesting and requested states. Multiple offences may be included if they meet these criteria.

    3. Exceptions to Extradition (Articles 3-5)

     Political Offences (Art. 3): Extradition for political offences is generally excluded,
    especially if the request is motivated by race, religion, or political opinion.
     Military Offences (Art. 4): Offences solely under military law are excluded.
     Fiscal Offences (Art. 5): Offences related to taxes and customs are excluded unless
    explicitly agreed upon by the states.

    4. Nationality and Location (Articles 6-7)

     Nationals (Art. 6): States may refuse to extradite their own nationals, with the possibility
    of prosecuting them domestically.
     Place of Commission (Art. 7): States can refuse extradition if the offence occurred
    within their territory or where their law prohibits extradition for that crime.

    5. Legal Safeguards (Articles 8-11)

     Pending Proceedings (Art. 8): Extradition may be refused if proceedings are already
    underway for the same offence in the requested state.
     Non Bis In Idem (Art. 9): Extradition is denied if the person has already been judged or
    cleared for the same offence.
     Lapse of Time (Art. 10): Extradition is not granted if the crime has become time-barred
    under the law of either state.
     Death Penalty (Art. 11): Extradition can be refused if the crime is punishable by death,
    unless assurances are provided that the death penalty will not be carried out.

    6. Procedural Matters (Articles 12-23)

     Request and Documentation (Art. 12): A formal, written request for extradition must be
    made, supported by legal documents such as arrest warrants.
     Rule of Speciality (Art. 14): A person may only be prosecuted for the offence for which
    they were extradited.
     Re-Extradition (Art. 15): The extradited individual cannot be surrendered to a third state
    without the original state’s consent.
     Transit (Art. 21): Transit through a third state must be requested, unless the offence is
    political or military.

    7. Reservations and Territorial Applications (Articles 26-27)

     Reservations (Art. 26): States may make reservations concerning specific provisions, but
    they are encouraged to withdraw these reservations when possible.
     Territorial Application (Art. 27): The Convention applies to the metropolitan territories
    of member states, but can also extend to overseas territories if declared.

    8. Final Provisions (Articles 28-32)

     Relation to Other Treaties (Art. 28): This Convention supersedes bilateral extradition
    treaties between parties, unless supplementary agreements are made.
     Entry into Force (Art. 29): The Convention enters into force 90 days after ratification by
    three member states.
     Accession (Art. 30): Non-member states can be invited to join with unanimous approval
    from member states.

    This Convention, signed in Paris on December 13, 1957, forms the basis for standardized
    extradition procedures across Europe, ensuring that fugitives are surrendered between states
    while protecting legal rights.

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