Lecture on Extradition and Asylum

Jul 12, 2024

Lecture on Extradition and Asylum

Introduction

  • Lecture by: YG Law
  • Topics: Extradition and Asylum
  • Course: UGC NET, Public International Law
  • Note: Asylum and Extradition are crucial concepts in Public International Law.

Asylum

Meaning

  • Derived from 'Asylia': Inviolable place (place for shelter).
  • Asylum: Protection by a state to an individual from their own country’s persecution.
  • Person before entering the asylum-giving country’s border is called Asylum Seeker; after gaining asylum, called a Refugee.

Context

  • Political criminals and targets often seek asylum.
  • UDHR: Asylum is a fundamental right to escape persecution.

Examples

  • Edward Snowden: CIA member exposed USA's surveillance. Granted asylum in Russia.
  • Julian Assange: Founder of 'WikiLeaks'. Given asylum in Ecuador Embassy in London.

Types of Asylum

  1. Territorial Asylum
    • Granted within the territory of the state.
    • Cannot be granted to individuals committing crimes against humanity, war crimes, crimes against peace, or genocide.
  2. Extra-Territorial Asylum
    • Granted outside the physical territory (e.g., embassies, warships, consulates, international institutions).
    • Typically used in imminent danger situations.
    • Example: Julian Assange in the Ecuador Embassy in London.
    • Merchant Vessels: Generally not used for granting asylum.

Extradition

Definition

  • Bringing someone back to their country after committing a crime and fleeing.
  • Latin phrase: aut dedere aut judicare (extradite or prosecute).
  • Delivery of an accused/convicted individual to the state where the crime was committed.

Legislation

  • Main Legislation: Extradition Act, 1962 (India)
    • Extradition Treaty: Defined in Section 2(d)
    • Extradition Offences: Defined in Section 2(c)
  • India: Extradition treaties with 43 countries; agreements with 11 countries.

Principles

  1. Principle of Dual Criminality
    • Act must be a crime in both requesting and requested states.
    • Example: Consumption of Marijuana not considered if legal in the requested country.
  2. Rule of Specialty
    • Extradited person tried only for the specified offenses, not others unsaid at the time of extradition.

Other Considerations

  • Natural Justice: Fair trial, representation by a lawyer, prohibition of torture, and inhumane treatment must be ensured.
  • Capital Punishment: extradition might be denied if the requesting country has capital punishment, and the requested country opposes it.

Complicated Process

  • Extradition is complex due to differing laws and policies (e.g., Vijay Mallya, Nirav Modi cases).
  • Attentat Clause/Beligian Clause (1856): Political offenders won’t be extradited, except for murder/attempts on state leaders or members.
    • Important for MCQs.

Key Points

  • Key Principles: Rule of Specialty and Dual Criminality.
  • Natural Justice: Fair trial, no torture, humane treatment.
  • Attentat Clause: Political offense exceptions, typically related to state leaders.

Conclusion

  • That concludes Extradition and Asylum.
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