Extradition in a nutshell

This article was written by Enrico Braguglia and Katy Smart. 

In ex p Pinochet Ugarte [1998] 4 LRC 628 Lord Bingham gave the following definition of extradition at 6422 : “Extradition is the formal name given to a process whereby one sovereign state, 'the requesting state', asks another sovereign state, 'the requested state', to return to the requesting state someone present in the requested state, 'the subject of the request', in order that the subject of the request may be brought to trial on criminal charges in the requesting state.”

Human Rights

Extradition lies at the intersection between law, international politics, and human rights. As such, this area of law has far-reaching repercussions not just on the lives of requested persons and their families, but also on entire political structures beyond the UK’s borders.  

Human rights remain at the forefront of this area of law. In particular, the state of penitentiary establishments in requesting jurisdictions and the infliction of inhuman or degrading treatment, as well as torture, on requested persons. The jurisprudence on prison conditions and the validity of assurances provided to allay the risk of human rights violations is rich and complex, involving a number of judgments by the European Court on Human Rights in Strasbourg.  

Right to Private and Family Life

Similarly, the right to a private and family life is also a main feature of extradition defence, especially in cases where the removal of a requested person from one jurisdiction disproportionately affects the rights of family members, including children.  

In some cases, political motivation may be a factor underlying the emanation of extradition requests from one jurisdiction to another. In such cases, extradition and immigration law intertwine. Importantly, those who fear persecution in their home countries can find refuge in other jurisdictions, and obtaining asylum is an effective way of resisting politically motivated requests for extradition.

Fast-paced Area of Law

Extradition is a fast-paced area of law. In recent months, English courts have processed requests from new jurisdictions. In October 2022, a District Judge at Westminster Magistrates’ Court handed down judgment in relation to the first extradition request emanating from South Korea. The Requested Person was discharged by virtue of the extradition request being politically motivated. The court also found that the extradition request had been unjustifiably delayed, and the overcrowding in South Korean prisons would amount to a violation of Article 3 of the European Convention on Human Rights.  

Similarly, the first contested Kuwaiti case has recently been heard before Westminster Magistrates’ Court, resulting in one of the requested persons being discharged. The case revolved around several bars to extradition, including the state of prisons in Kuwait, the prohibition of torture, and re-trial rights.  

It is worth noting that extradition is not a one-directional process. While defence lawyers in the UK routinely contest incoming extradition requests, courts outside the jurisdiction have started questioning the state of human rights in British prisons. In 2023, a German court refused to extradite a Requested Person to the UK on the basis of worsening prison conditions.  

The volatile nature of the global political landscape and the ever-changing state of human rights around the world make extradition a rich, fascinating, and complex area of law. Effectively challenging extradition requests, whether from or to the UK, remains a way of protecting the rule of law locally and internationally, while protecting individuals accused or convicted of criminal offences from abuse of power and human rights violations.