Examples of using Refusing extradition in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
(d) Consulting with the requesting State party before refusing extradition.
The obligation to consult before refusing extradition is addressed(Section 76(4)).
Ensuring consultations are held with requesting States before refusing extradition.
Before refusing extradition, Paraguay endeavours to obtain further information from the requesting State.
Italy has a practice of consulting with requesting States before refusing extradition.
Consultations before refusing extradition are conducted with regard to issues of form rather than the substance of the request.
Are claims of political motivation grounds for refusing extradition of alleged terrorists?
Frequent consultations with foreignauthorities are held during extradition procedures and before refusing extradition.
Are claims for political motivation grounds for refusing extradition of an alleged terrorist?
There appeared to be no uniform interpretation andapplication of the requirement to engage in consultations with the requesting State before refusing extradition.
Article 415 of the said Code defines the legal grounds for refusing extradition requests. The text of the article is as follows.
There is no obligation onViet Nam to consult with requesting States before refusing extradition.
Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.
As a matter of practice,consultations take place with requesting States before refusing extradition.
This provision would, therefore,prevent claims of political motivation being recognized as grounds for refusing extradition of alleged terrorists under the Extradition Act for offences within the scope of particular conventions.
The passive extradition law of 21 March 1985 provides that terrorist acts may notbe considered political offences for the purpose of refusing extradition.
No, claims of politicalmotivation are not recognized as grounds for refusing extradition under the Extradition Act(No. 12 of 1993).
The principle aut dedere aut judicare, as applied in accordance with Article 10 and Article 32 of Law No. 144/99,requires Portugal to open a case when refusing extradition.
Are claims of political motivation accepted as ground for refusing extradition of alleged terrorists?
Consider, in the interest of greater legal certainty and consistency in future cases, adopting guidelines orother formalized procedures to address the duty to consult before refusing extradition;
Consider amending its bilateral treaties to ensure thatconsultations are held with requesting States before refusing extradition and that there is no discretion to refuse extradition in cases involving fiscal offences.
Consider introducing legislative measures in respect of extraditing Tanzanian nationals, including conditional extradition and sentence enforcement, andmonitor these elements of extradition policy should nationality grounds for refusing extradition be used in the future.
The Republic of Korea appears tohave a practice of consulting with requesting States before refusing extradition, though the matter is not directly addressed in the Extradition Act or the bilateral treaties.
What is the legal basis for extradition? Does a law govern this, by treaties, or both?Are claims of political motivation recognized as grounds for refusing extradition of alleged terrorists?
The legislation does not contain provisions directlyproviding for an opportunity of consultation with a requesting State before refusing extradition; however, in practice, such consultations are always conducted with the requesting State.
General conditions for extradition are set forth in sections 3-5 of PD 1069, while the specific minimum penalty requirements as well as the mandatory anddiscretionary grounds for refusing extradition are addressed in existing treaties.
Please explain whether political motivation is recognized as a ground for refusing extradition of alleged terrorists.
Some bilateral extradition treaties provide for the condition of consultations before refusing extradition requests.
Point 15. Please explain whether claims ofpolitical motivation are recognized as ground for refusing extradition of alleged terrorists.