Irregular Extradition and Abuse of Process
| Author | Christopher Vincenzi |
| DOI | 10.1177/002201838705100207 |
| Published date | 01 May 1987 |
| Date | 01 May 1987 |
| Subject Matter | Article |
IRREGULAR EXTRADITION AND
ABUSE
OF
PROCESS
Christopher Vincenzi*
Introduction
For more than a century the return
of
fugitive offenders, both to and
from this country, has been governed by an elaborate body
of
rules
created by the Extradition and Fugitive Offenders Acts, delegated
legislation and treaty. Although most states wish to co-operate in
the return
of
offenders, many extradition treaties exclude political
offences, limit the offences for which extradition
is
possible and
some states, in addition, prohibit the return
of
their own nationals.
A
few refuse to participate in the extradition process at all.
Where extradition treaties exist, the return
of
offenders is
normally preceded by a formal request
of
return, followed, at least
in most common law countries, by a preliminary hearing to
determine whether
or
not there is a prima facie case
of
a breach
of
one
of
the offences specified in the extradition treaty. This
procedure varies considerably between states (see, for some
examples, the summary in
I.
and C. Stanbrook,
Extradition The
Law and Practice
(1980),
pp.
114-25).
Because it is slow and
sometimes complex, both requesting state (the country seeking
return of the fugitive) and receiving state (the country
of
refuge)
have often been tempted
to
use other means to expedite the return.
Deportation by the receiving state is, perhaps, the commonest
method. Fifteen years ago one writer estimated that,
‘I.
. .
deportation leading
to
arrest and trial elsewhere is more frequent
than formal extradition itself’
(I.
A. Shearer,
Extradition in
Infernational Law
(1971),
p.
87).
Methods used to secure the return of an offender, other than
extradition (here, collectively referred
to
as “irregular
extradition”) may include abduction (the Eichmann Case, Ronald
M.A.
(Oxon),
Ph.
D.
(Leeds). Solicitor, Principal Lecturer
in
Law, Huddersjield
Polvtechnic.
206
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