Context:
U.S. President Donald Trump recently announced that his administration had approved the extradition of Tahawwur Rana to India.
Extradition:
- Legal process by which one country surrenders an individual accused or convicted of a crime to another country where the crime was committed.
- Based on bilateral or multilateral treaties between nations.
- Principles of Extradition –
- Principle of Extraditable Offences – Extradition applies only to offences specifically mentioned in the treaty between two countries.
- Principle of Dual Criminality – The offence must be a crime under the laws of both the requesting and requested countries.
- Prima Facie Case Requirement – The requested country must be satisfied that there is sufficient evidence to establish a prima facie case against the accused.
- Rule of Speciality – The extradited person can only be prosecuted for the specific offence for which extradition was granted.
- Right to a Fair Trial – The extradited person must be ensured a fair trial, in line with international human rights law.
- Application Beyond Treaty Countries – Even in the absence of an extradition treaty, judicial and legal authorities may apply these principles when dealing with extradition requests.
Extradition Framework in India:
- Governed under – Extradition Act of 1962
- Nodal Authority – Ministry of External Affairs (MEA)
- Government of India makes the final decision on extradition, which can be appealed in a higher court.
- India currently has extradition treaties with 48 countries, including the United States, the United Kingdom, and Bangladesh.
- Which Countries Can India Make an Extradition Request To?
- India can make an extradition request to any foreign country.
- Countries that have an extradition treaty with India are obligated to consider India’s request for extradition.
- If no treaty exists, extradition depends on the foreign country’s domestic laws and procedures; the foreign country may agree to India’s request based on assurances of reciprocity.
- Only the Ministry of External Affairs (MEA) can formally submit an extradition request to another country.
- Individuals or private entities cannot request extradition.
Source: TOI
Previous Year Question
Consider the following statements:
1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air.
2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member states to assist in the implementation of both UNCAC AND UNTOC.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 3 only
(b) 2, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
Answer: (c)
Explanation:
The protocol against the smuggling of Migrants by land, sea and air comes under the United Nations Convention against Transnational Organized Crime (UNTOC) and not UNCAC. United Nations Convention Against Corruption (UNCAC) includes “Returning Assets to their rightful owners from whom they have been taken illicitly”.