Fugitive Agreement

April 9, 2021

A red Interpol notice is an international “lookout” closest to an international arrest warrant used today. Please note that if a refugee is arrested in accordance with a red communiqué, the Public Prosecutor`s Office is required to carry out the necessary work to provide the necessary extradition documents within the time frame provided by the control contract or, in the absence of a contract, the national law of the country of arrest, when and where the fugitive is arrested. In addition, the Crown is required to bear the costs under the control contract. If the fugitive is not extradited, other measures may be taken to return him to the United States or to limit his ability to live and travel abroad. See JM 9-15.600 and seq. Foreign extradition requests to refugees residing in the United States are generally submitted by the country`s embassy, which requests them from the Department of Foreign Affairs, which reviews and forwards them to the OIA`s Office of International Affairs. These requests may request the provisional arrest of the fugitive for extradition or request extradition and be fully supported by all the documents required by the existing treaty. (Under more expediting extradition contracts, requests for provisional arrest can be forwarded directly to the Ministry of Justice if the contract allows. See JM 9-15.230 for a provisional arrest statement.) C) offence (s) and essential facts: the offence by which the fugitive was charged or convicted, as well as the facts of the case shortly. The determination of the requested state`s authorization of extradition is, among other things, a balance between the interests of the requesting state`s search for justice in respect of those prosecuted, the interests of the state required, the control of those currently detained on its territory and the rights of those extradited. [46] Extradition raises human rights concerns when it comes to determining that balance with respect to the extraditer. States provide for the recognition of these rights, expressed both in bilateral agreements and possibly by state obligations under the Universal Declaration of Human Rights, of which the International Covenant on Civil and Political Rights is particularly relevant for extradition.

[6] Although at the regional level, the European Convention on Human Rights has also been invoked as a ban on extradition in a number of cases within its jurisdiction, and the decisions of the European Court of Human Rights have been a useful source of development in this area.

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