The human rights implications of UK extradition policy


Book Description

The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.







U.S.-U.K. Extradition Treaty


Book Description







United States Attorneys' Manual


Book Description




Bringing International Fugitives to Justice


Book Description

A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.




Unsafe Haven


Book Description

For almost two hundred years the United States has been a safe haven for Irish political prisoners seeking refuge. More recently however the US government has sought deportation, extradition and prosecution to exclude Irish republicans from the country. In the first book to focus on the relationship between these tools of exclusion and US foreign policy, Karen McElrath examines why this change has come about and the extent to which the granting of political asylum in the US is influenced by relations with Britain and other countries.Karen McElrath questions US government attempts to portray an impartial role in the Irish conflict, arguing that historical and contemporary evidence reveals otherwise. She shows that, far from being a neutral process, the success of bids for political asylum often depends on the relationship between the US and the government of the applicant's country of origin. Drawing on exclusive interviews with Irish Republicans who have faced deportation or extradition from the United States, or who have been prosecuted in the US for politically-motivated offences, McElrath explores the links between deportation and extradition outcomes and foreign policy issues. The tools of exclusion are defined in their historical context, and the history of US extradition law is described, with particular focus on the treaties with Britain. McElrath also examines the offences for which Irish and Irish-American Republicans have been charged, discusses the various levels of support for Irish political prisoners in the US, and summarises the findings by international human rights organisations.