Rendition Agreement

International extradition is the formal procedure by which a person found in one country is handed over to another country for trial or punishment. The process is governed by the treaty and executed between the U.S. federal government and the government of a foreign country. It is very different from the intergovernmental transfer, commonly referred to as intergovernmental extradition, which is mandated by the Constitution, Article 4, paragraph 2. Human rights as a prohibition on extradition may be invoked with respect to the treatment of the person in the host country, including his trial and sentence, as well as the consequences for the family of the individual if extradition is granted. The repressive nature and restrictions on the freedoms imposed on an individual are part of the extradition process and are at the root of these exceptions and the importance of respect for human rights in the extradition process. Therefore, human rights, protected by international and regional agreements, can serve as the basis for rejecting extradition requests, but only as independent exceptions. [7] While human rights concerns may increase the complexity of extradition cases, they are positive because they strengthen the legitimacy and institutionalization of the extradition system. [45] Persons working with a prosecutor may attempt to include an “extradition clause” in their oral arguments. These formal or informal agreements can take effect by the courts. When a foreign country then requests the person`s extradition, the United States faces the unpleasant dilemma of violating its solemn word to either the person concerned or its contractual partner. Geisser`s petition, 627 F.2d 745 (5th cir. 1980), describes the enormous practical problems encountered in resolving such a dilemma.

These include agreements with potential witnesses to prevent or delay their removal. The transfer may also involve the presentation, i.e. the proclamation, the pronouncement of a court decision or the declaration of a number of events, as a defendant or witness. It may also involve the enforcement of a court order by the receiving parties. But extraordinary rendition differs from both deportation and extradition, as they are inherently illegal. [1] “Extraordinary transfer” is an out-of-court procedure in which suspects, usually suspected terrorists or supporters of terrorist organizations, are transferred from one country to another. [57] The procedure is different from extradition, the purpose of the transfer being to extract information from suspects while extradition is used to return refugees so that they can be brought to justice or can carry out their sentences.

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