1Deakin University, Geelong, Australia
Extradition is a process of transnational cooperation which enables exploration of the degree of fairness associated with suspect transfer and justice administration between international partners. The mechanism highlights the impact of international obligations and territorial sovereignty on domestic judicial procedures. Current literature highlights several issues with extradition procedures, including the extent global crime control and cooperation is prioritised over the protection of the individual rights of the extraditee. Due to the rule of non-inquiry and national sovereignty, nations are reluctant to investigate the criminal justice systems of requesting countries during extradition hearings.
This research aims to illustrate the practical issues associated with reconciling the principles of extradition under international treaties within national legislation and judicial practice. The United States (U.S.) component of this research involves 40 judicially determined extradition cases between 1 January 2013 to 31 December 2016. Requests were made by various nations, including 16 from Mexico, for a range of offence types, including murder, drug trafficking, war crimes and robbery. Extraditees commonly raise arguments relating to the application of extradition principles, alleged violations of the U.S. Constitution and jurisdictional concerns. Twelve individual cases contain specific human rights arguments related to potential mistreatment upon surrender. This paper examines these issues, as well as three cases where suspects argued successfully against extradition. This analysis highlights the broader problems of transnational justice administration in extending conventional criminal punishment through the extradition process, and the complex relationship generated between the nation state and individuals.
Sally Kennedy is a PhD candidate at Deakin University (Victoria, Australia) specialising in transnational justice administration in national courts, comparative legal analysis exploring fairness for individuals accused of crime and the impact of international obligations and territorial sovereignty on judicial procedure. Previous research explored the implementation of the Vienna Convention on Consular Relations and its relevance for foreign nationals accused of crime in the United States. Her current research involves a comparative legal case analysis of extradition procedures within Australia, Canada and the United States to illustrate issues reconciling an international agreement under existing domestic legislation.