NCJ Number
164031
Journal
International Review of Criminal Policy Issue: 45 and 46 Dated: (1995) Pages: 1-28
Date Published
1995
Length
28 pages
Annotation
This United Nations Manual on the Model Treaty on Extradition presents the treaty's 18 articles, along with commentary (purpose, application, and implementation) for each article.
Abstract
The Model Treaty on Extradition derives from an assessment of the needs and difficulties of countries in extradition procedures. It imposes clear and concise obligations and contains acceptable safeguards for the requesting States, to whom extradition cannot be arbitrarily refused; the requested state, which maintains sovereignty and rights to protect fugitives and nationals from unacceptable detention or treatment; and the fugitive, who has ample opportunity to have his/her particular circumstances examined. The Model Treaty is guided by new trends in extradition and by useful experiences with existing bilateral treaties. It provides a wider basis for extradition arrangements. Omitting the requirement to establish a prima facie case, it adopts the minimum penalty definition of extraditable offenses, in contrast to the list-of-offenses approach for establishing double criminality. Under the Model Treaty, a state that refuses to extradite one of its own citizens is expected to bring proceedings against that person at the request of the requesting state, or to enforce a sentence imposed by the latter state. The Model Treaty also accommodates the need for temporary surrender for trial of a person in the requesting state to continue existing procedure there or to serve any existing sentence.