Examples of using Extradition practice in English and their translations into Russian
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Official
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Colloquial
Another delegation was of the view that the matter was sufficiently well covered in current extradition practice.
Prepare summaries of their domestic laws and extradition practices, to be made available to other States;
Major Issues in Extradition Practice" at the 9th United Nations Congress on the Prevention of Crime and Treatment of Offenders, Cairo, Egypt, 1995.
Draft article 21(2)gives rise to further concern because it negates a central pillar of extradition practice: the obligation either to extradite or to submit the case to prosecuting authorities.
Modern extradition practice has been to simplify requirements with respect to the form of and channels of transmission for extradition requests, as well as evidentiary standards for extradition. .
Even the Extradition Act 1970,which regulated extradition practice in Mauritius, did not contain any provision on aut dedere aut judicare.
Because of the fundamental nature of dual criminality in the extradition process, many experts expressed doubt that such a requirement could ever be abolished in extradition practice.
It was noted that substantial delays could be encountered in extradition practice, and that they could significantly impede effective extradition and contribute to human rights concerns.
Extradition practice, mutual assistance, asset confiscation and other forms of international cooperation must evolve, and do so rapidly, if transnational criminality is to be effectively controlled.
To enable a critical examination by States of their extradition legislation, policies, practices and arrangements and to enhance dialogue on issues affecting viable extradition practice;
In view of many States' observance of the"dual criminality" rule in extradition practice, this may enhance transnational cooperation in ensuring prosecution of alleged perpetrators.
Facilitating treaty practice; special agreements; representation of the requesting State; channels of communication; urgent requests; and identification of, andrecommendations to improve, extradition practice.
There was a general discussion of the problems in extradition practice resulting from the varying policies of States in relation to the death penalty and the position adopted by States on extradition for capital offences.
That would permit experts to fully participate in and contribute to the discussion, particularly taking into consideration the technical nature of such a discussion andthe issues associated with extradition practice.
The resulting entrenchment of expectations and certainty in extradition practice provided both a sound and cost-effective method of addressing the problems posed to the global community by a lack of bilateral extradition relationships.
The need for continuous discussion among States parties with a view to improving their understanding of the application of that Convention andthe differences in legal systems in terms of extradition practice were also underlined.
The Summit further recommends that, in regulating extradition practice, States should consider simplifying evidentiary requirements for granting an extradition request, particularly with respect to the quantum of proof required and to the methods of proof allowed.
During the next day, the expert group would concentrate on training and technical assistance mechanisms andmaterials to improve the level of extradition practice and to implement the recommendations reached by the group.
The first two andone half days would be devoted to defining common problems in extradition practice, as well as identifying and recommending ways to improve such practice, while having due regard for the rule of law and the protection of human rights.
States were urged to ensure that corruption offences were not considered political offences, through direct application of the Convention by legislative clarification, the inclusion of a clause innew extradition treaties or the establishment of guidelines for extradition practice.
There was consensus that, in general, the topic before the Commission concerned the obligation to extradite or prosecute andnot either(i) the extradition practices of States or an obligation to extradite, or(ii) the obligation to prosecute, per se.
The imposition of"mini-trials" in requested States has long made extradition practice synonymous with hypertechnical procedural obstacles and, together with repeated appeals, allowed transnational criminals to avoid being brought to justice.
The obligation could also be applicable in the third scenario although, in the cases decided to date,the principle of the surrender of nationals has been applied as it is more consistent with modern extradition practice and the spirit of international cooperation in criminal matters.
It was stressed that deficiencies in extradition practice increased the likelihood of Governments relying on other methods to achieve the desired results, such as expulsion or use of immigration laws and procedures. Those methods did not always provide adequate safeguards of the rights of the individual.
A representative of the Government of Italy conveyed to the participants a message from theMinister of Foreign Affairs, who encouraged the Expert Group to concentrate on recommending practical solutions to problems related to extradition practice, which were high on the list of priorities of the international community.
At the bilateral level, where no other treaty provisions existed,Austria's extradition practice was based on the Extradition and Mutual Legal Assistance Act of 4 December 1979, which allowed for the extradition of suspected or convicted terrorists on the basis of reciprocity even in the absence of an applicable treaty.
For this reason, the“eliminative method”, which specifies as extraditable those offences which, under the laws of both States, are punishable by an agreed degree of severity,has gradually become the prevailing one in extradition practice, as it is more convenient for avoiding unnecessary detail while negotiating the treaty and obviating potential omission of certain crimes.
Other participants drew attention to delays encountered in extradition practice, arguing that simplified extradition procedures, implemented over the previous few years at the regional level, should be promoted with a view to minimizing formalities and requirements and facilitating the surrender of fugitives to requesting States in a timely manner.
The Division was of the view that,in addition to its mandated functions, the expert group should devote its attention to the development of a framework for training manuals on extradition practice, which could be used in training courses for criminal justice personnel from developing countries and countries with economies in transition.
Improving the effectiveness of extradition practice, with due regard to the rule of law and protection of human rights, could be achieved by raising the professional standards and competence of officials involved in the extradition process, including central authorities, police, prosecutors and judges, especially in developing countries and countries with economies in transition.