The Extradition Treaty Role and Importance: Laws and Landmark Judgements (Major Media Hypes)

 

 

Extradition may be described as the process by which one State upon the request of another surrender to the latter any person accused or convicted for an extradition offence committed either within its jurisdiction or outside its jurisdiction.

As per Section 2 (d) of the Extradiction Act, 1962,

Extradition Treaty means:

A treaty.

• agreement or
• arrangement,

with a foreign state relating to the extradition of Fugitive criminals.

 

WHO MAY BE EXTRADITED?

Only fugitive criminals may be extradited.-

Section 2 (f) of the Extradition Act. 1962

Fugitive criminal means-

A person who is accused or convict of an extradition offcnce committed within the jurisdiction of a foreign state and:

A person who, while in India

• Conspires
• attempts to commit
• Incites
• Participates

as an accomplice in the commission of an extradition offence in a foreign state.

 

LAW GOVERNING EXTRADITION IN INDIA:

• The Extradition Act, 1962
• Extradition Treaty Between – India And Other Countries

 

LANDMARK CASES:

Indian Cases:

Abu Salem’s extradition:

When Abu Salem entered the United States, they tipped off the Federal Bureau of Investigation (FBI), which tailed him. Abu managed to get out of the US and entered Portugal. FBI went on to tip the Lisbon authorities that immediately seized the Indian gangster. And, the tables turned. Abu Salem found himself on the receiving end and, the Mumbai police.

Media coverage:

Punjabi Singer Sukhwinder Singh Maan released a song composed by Abu Salem while lodged in Tihar Jail.

Various Newspapers and journals discussed about him for days.

 

2. Vijaya Mallaya:

Vijay Vittal Mallya (born 18 December 1955) is an Indian businessman and politician who is the subject of an extradition effort to try to force his return from the U.K. to India to face charges of financial crimes.India has made several extradition requests since a treaty with the United Kingdom was signed in 1992, but only one has succeeded so far though there are indications that pending cases may be expedited.

Media Coverage:

Once called the “King of Good Times”.

Indian express reports his extraction case as Vijay Mallya takes on media for ‘hate campaign’

 

3. Abdul Rauf Merchant:

Bangladesh sent Abdul Rauf alias Daud Merchant, an associate of mob boss Dawood Ibrahim who was convicted of the murder of music baron Gulshan Kumar, to India.

Media Coverage:

His extradition was covered by majority of newspapers and magazines.

The report of his extradition threw much light on Daud Ibhrahim also as he, being his ally.

 

Foregin Cases:

Ciarán Tobin:

Tobin is the subject of a  European Arrest Warrant issued by the Hungarian authorities after he was found guilty of causing serious bodily harm by negligent driving when his car went out of control killing two Hungarian children in the village of Leanyfalu near Budapest in April 2000. He was tried in his absence after he failed to return from Ireland for his trial.

Media Coverage:

His Supporter, Zoltai asked the Irish people for help, so as to bring Tobin back.

 

Adolf Eichman:

He is a German who went to Argentina after the defeat of Germany in WWII. In 1960 he was abducted by the Israeli Police. Since the abduction was against the established practice, the Israeli Govt. apologized. But then tried Eichamn and sentenced him to death in 1961.

 

Charles Sobraj:

Serial Killer Charles Sobraj has committed crimes in several countries like India, Thailand, Nepal, etc. His first known murder victim was American Teresa Knowlton who was found drowned in a tidal pool in the Gulf of Thailand. He has been named as The Serpent, Bikini Killer, etc. Presently, he is serving life imprisonment in Nepal. He has also been prisoned in Tihar Jail (1997).

Media Coverage:

In 1979, the book The Life and Crimes of Charles Sobhraj by Richard Neville came out which was based on an extended denied taped conversation that Sobhraj had with Neville.

Porter  Charlton: 

Charlton was extradited from U.S. to Italy. In 1910, he confessed of having murdered his wife in Italy. So, Italian vice consul requested Charlton’s extradition which was later approved by  Secretary of State Philander C. Knox.

Media Coverage:

His extradition was covered by not only the major American newspaper like New York Times, California Digital but of other nations also.

 

Julian Assange:

Julian Assange was extradited to Sweden. He had accusations of having committed sexual offences. A contentious issue over the course of the legal proceedings against him was the fear that Assange could ultimately be extradited to America and hence he should be sent to Sweden.

Media Coverage:

Some lawyers viewed it as his conditions for extradition to US ‘not met for extradition’.

Many of Wikileaks’ revelations came from massive releases of classified US military documents on the Iraq and Agfhan wars, in July and October 2010.

In April 2010, the site released footage showing US soldiers shooting dead 18 civilians from a helicopter in Iraq.