Examples of using Refusing extradition in English and their translations into Russian
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Official
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Colloquial
Human rights considerations as grounds for refusing extradition.
In addition to the grounds for refusing extradition expressly included in treaties dealing with extradition, grounds also arise from other obligations.
Consulting with the requesting State party before refusing extradition.
This would exclude many grounds for refusing extradition included in the UK legislation, which are not found in the Framework Decision such as Proportionality, Forum, Trial Readiness and most fundamentally- Human Rights.
There is no obligation on Viet Nam to consult with requesting States before refusing extradition.
Are claims of political motivation grounds for refusing extradition in the case of terrorist acts?
Ensure compliance with the Convention by carrying out consultations with the requesting State before refusing extradition;
The first report indicates that,in some cases, political motivation is recognized as a ground for refusing extradition, but that terrorist acts do not come within the category of political offences.
Ensure that the discriminatory purpose on account of religion is covered among grounds for refusing extradition.
In cases where legal conditions for extradition are not fulfilled,the panel issues the decision on refusing extradition which is obligatorily reviewed(annulled or modified) by the appeal court.
Frequent consultations with foreign authorities are held during extradition procedures and before refusing extradition.
The Republic of Korea appears to have 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.
Mr. KÄLIN asked whether a threat to somebody's life in the form of the death penalty would constitute grounds for refusing extradition.
Concerning consultations with the requesting State before refusing extradition, a number of recommendations were made to include such an obligation in legislation or treaties, in some cases despite the fact that such consultations were held in practice.
In one of those countries, discrimination on account of ethnic origin orpolitical opinions was not considered a ground for refusing extradition.
Based on this Article, two thirds of Member States have chosen to introduce grounds for refusing extradition on the grounds of breaches of fundamental rights.
There appeared to be no uniform interpretation andapplication of the requirement to engage in consultations with the requesting State 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.
Likewise, no set procedures exist in Mauritius to consult with other States before refusing extradition, but this would be done in practice.
There appeared to be no uniform interpretation and application of the requirement setforth in article 44, paragraph 17, of the Convention i.e. consultation with the requesting State before refusing extradition.
Before refusing extradition or mutual legal assistance, 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.
Therefore, conventions on terrorism,which exclude political offence as a ground for refusing extradition, do form part of South African law.
Some countries mentioned that grounds for refusing extradition were specified in applicable bilateral or multilateral extradition treaties(Belarus, Czech Republic, Ukraine and United States) or regional instruments, such as the European Convention on Extradition(Netherlands and Turkey) or European Union framework decision 2002/584/JHA of 13 June 2002 on the European arrest warrant Estonia and Malta.
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.
The Commission should focus on establishing the general principles that governed extradition and on the grounds for refusing extradition, taking into account article 3(Mandatory grounds for refusal) of the Model Treaty on Extradition, contained in annex to General Assembly resolution 45/116.
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;
The Commission should focus on establishing the general principles that governed extradition and on the grounds for refusing extradition, taking into account article 3(Mandatory grounds for refusal) of the Model Treaty on Extradition, contained in the annex to General Assembly resolution 45/116.
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.
At the fifth session of the Ad Hoc Committee, the delegation of China proposed the insertion of the following provision:“Before refusing extradition pursuant to this paragraph, the requested State Party shall consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.”.
In practice, during the period from 2004 to 2007 there have been no instances of the Minister for Justice refusing extradition despite a court ruling allowing extradition. .