Even if you only suspect that an extradition request in your name is on its way, or that INTERPOL might be processing data relating to you, it pays to be prepared.
Taking pre-emptive action may also enable you to avoid an unexpected arrest, or to put in place procedures to maximise your chances of bail should the worst happen.
What countries can the UK extradite you to?
Extradition between countries is normally regulated by extradition treaties. Extradition treaties are specific to any two countries and often vary in order to accommodate different legal systems. In general terms, they are intended to obligate one country (the 'Requested State') to arrest and return wanted individuals (the 'Requested Person') to a country issuing the request (the 'Requesting State'). The easiest way to think of it is as a contract that creates mutual obligations for extradition between the two countries.
No country in the world has an extradition treaty with every other country. Instead, each has its own, specific and ad hoc list of countries with whom they have signed an extradition treaty.
The United Kingdom ("UK") has extradition treaties with over 100 countries. These are divided into "Part 1" and "Part 2" territories. A complete list of countries can be found here.
Can the UK extradite its own nationals?
The UK will extradite its own nationals, providing no bars to extradition apply.
Under the EU/UK Trade and Cooperation Agreement, ten countries listed here have notified their intention to exercise an absolute bar on the extradition of their own nationals to the UK. This means that these countries should not extradite their own nationals to the UK.
Can you ever disappear completely?
Just because a specific country does not have an extradition treaty with the UK, this does not mean that this country still cannot surrender those accused of, or convicted of, crimes in the UK to face legal consequences in the UK. What the lack of an extradition treaty really means in practice is that there is no specific mechanism in place, which would allow for surrender in a fast and diplomatic way. However, ad hoc arrangements can be put in place.
In addition, when the UK does not have an extradition treaty with a particular country, a 'Memorandum of Understanding' can be agreed between the two countries with regards to a specific Requested Person. With this, the government of the UK and the government of the Requesting State enter into an arrangement for the requested person's extradition. This happened with Zafar Iqbal, who was extradited to the UK from Pakistan to stand trial for murder. It is worth noting here that Pakistan and the UK have recently (18 January 2022) made a decision to sign an extradition treaty, and its terms are currently being negotiated.
Why do we sometimes see a wanted person living openly in another country, without being extradited to the country where they are wanted by the authorities?
The principle of 'Dual Criminality' is the requirement in international extradition law that the offence the Requested Person is accused of committing, or has been convicted of and is required to serve a sentence for, in the Requesting State, is also an offence under domestic law in the state from which extradition is sought.
For example, an individual cannot be extradited from the UK to face trial or serve a sentence for an offence which effectively criminalises homosexuality, because there is no equivalent criminal offence in the UK.
In June 2021, Gherson's Extradition, Mutual Legal Assistance and Interpol team wrote a blog entitled "What is dual criminality in extradition". This blog explained what dual criminality is, how it is established in the extradition proceedings and the effect of the UK's withdrawal from the European Arrest Warrant ("EAW") scheme.
What should I do if I fear an outstanding liability?
It is recommended that individuals who fear an outstanding liability seek expert legal advice. Gherson has extensive experience with extradition and providing advice in relation to all possible defences to an extradition request.
In particular, Gherson has unparalleled experience in handling complex cases involving politically motivated charges. If you have any questions about a current or potential extradition case please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.