The subject of "international extradition" is not independently taught in legal education programs around the world, and still extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case and the legal arguments of the parties is provided.
The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
Stefano Maffei is a lecturer in Criminal procedure at the University of Parma (Italy). A former Fulbright Scholar at Temple Law School (Philadelphia, USA), Dr. Maffei holds a doctorate from Oxford University and authored numerous publications in the area of comparative procedure and evidence. Dr Maffei has served on several occasions as an expert witness in international extradition cases.
Preface v
Contents vii
Part a International Extradition: Concept, Procedure and Refusal Grounds
1 Introduction
2 The Concept of ‘International Extradition’
3 Sources of Extradition Law
4 Domestic and Supra-National Court Decisions on Extradition
5 The Typical Course of an Extradition Case
6 Extraditable Offenses
7 Refusal Grounds
7.1 Double Criminality
7.2 Political Offenses
7.3 Nationality of the Person Sought
7.4 Rule of Speciality
7.5 Passage of Time
7.6 Human Rights and Humanitarian Grounds
7.7 Ne Bis in Idem
8 Assurances
9 Notable International Extradition Cases
Part b Notable International Extradition Cases
Political Leaders
Vincent Bajinya (aka Vincent Brown)
Zine El Abidine Ben Ali
Hissène Habré
Jamil Mukulu
Abdullah Öcalan
Irakli Okruashvili
Augusto José Ramón Pinochet Ugarte
Carles Puigdemont
Organized Crime
Abu Salem Abdul Qayoom Ansari (aka Abu Salem)
Pablo Escobar
Domenico Rancadore (aka Marc Skinner)
Violent Crimes
Mustafa Kamel Mustafa (aka Abu-Hamza)
Julian Assange
Hayle Abdi Badre
Cesare Battisti
Extradition law and practice
Glen Sebastian Burns
Sabrina De Sousa
Paolo Persichetti
Roman Polanski
Jens Soering
Nizar Trabelsi
Marie-Emmanuelle Verhoeven
War Crimes
Slobodan Miloševi?
Erich Priebke
Turkish Soldiers
White-Collar Crime
Vladimir Antonov and Raimondas Baranauskas
Kim Dotcom (aka Kim Schmitz)
Fabio Riva
Navinder Singh Sarao (aka Hound of Hounslow)
Christopher Skase
Edward Snowden
Paul Watson
Renditions
Otto Adolf Eichmann (aka Ricardo Klement)
Abd Al-Rahim Al-Nashiri
Hassan Mustafa Osama Nasr (aka Abu Omar)
Appendix
Model Treaty on Extradition (1990)
Extradition Treaty Between the United States of America and France (1996)
Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA)