In an extradition process, two States intervene to ensure that a person is tried.
Extradition is the process promoted by a state authority to send a subject to another nation, allowing the authorities of this second State to develop a judicial process against the individual in question or allowing the person to pay an already established sanction in this territory. . The term comes from a compound Latin word that can be translated as “action of delivering.”
This means that a man who is accused or convicted under the law of country
Extradition example
An example of extradition took place with former Peruvian president Alberto Fujimori . In 2005 , Fujimori was arrested in Chile , following a request from the Peruvian embassy, on charges of corruption and violation of human rights.
In September 2007 , the Chilean Supreme Court accepted Peru 's extradition request and extradited Fujimori . In conclusion, Fujimori was accused of crimes on Peruvian soil, detained in Chilean territory and extradited to Peru (where he committed the crimes).
With extradition, an individual can be tried in the country where he or she committed the crime.
Signing of treaties
A State has the obligation to accept the extradition of a foreign citizen when it has signed an international treaty with the country that requires extradition. In the event that such a treaty does not exist, the State in question can decide whether or not to accept the extradition of the individual.
Generally, extradition treaties require that the State requesting the process be able to demonstrate the existence of a reason to prosecute or punish the person. Some treaties also require that the crime charged be classified in the criminal legislation of both countries.
Asylum and extradition
The concepts of asylum and extradition are closely linked. While extradition refers to the sending of a person who has committed a certain crime from one State to another, asylum is the right that the accused can make use of to demand that the country in which he is located protect him ; This right is only plausible for people who have not committed serious crimes and must always be contemplated in the treaties signed between both countries .
Asylum is fundamentally contemplated for those people who have gone into exile for political reasons . The State that welcomes them ensures the well-being and legal security of this territory, guaranteeing them by safeguarding their psycho-physical-moral integrity.
Agreements are signed between different countries that regulate this type of circumstances; their objective is to fundamentally ensure the rights of all citizens to prevent abuses from being committed.
Although both concepts are opposed because, while one tries to protect the wanted individual, the other proposes the option of sending him to the State where he committed the crime, thanks to the provisions of international law , an attempt is made to carry out adequate regulation of these cases. . In this way, it is assumed that what is resolved will always be in favor of justice. It is worth mentioning that said decree does not protect those who have committed illegal acts and therefore advocates extradition in these cases; however , it studies and monitors so that extradited citizens receive fair treatment and can use their rights. civil rights.
It is worth mentioning, finally, that there is an organization called Amnesty International that is constantly investigating these types of actions and that ensures the safety of people around the world, carefully analyzing, above all, those decisions made by States. around their political prisoners.