Delivery and lore are essential components of international criminal law, involving the transfer of a person to another state for criminal prosecution or execution. These procedures allow a state to claim a person for prosecution or criminal execution.
Lore takes place within the European Union (EU) and is regulated by the European arrest warrant (EAW). Extradition refers to the transfer of an individual between countries that are not necessarily members of the EU. Via this link you can read more about lore.
A person can only be extradited if this is possible under a specific treaty. This type of treaty is a formal agreement between two or more countries in which they stipulate the circumstances and conditions under which a country must extradite a person to another country. These treaties also stipulate the cases in which a requested state has the right to refuse extradition. This may be the case, for example, in the case of political crimes, when there is political persecution, when the request for extradition concerns an own citizen or when the death penalty could be imposed for the crime.
When no extradition treaty exists, there is no legal obligation to extradite a person to another country. However, if the laws of both the requested and requesting state allow extradition on a voluntary basis, it can still take place. However, the Netherlands strictly adheres to the rule that extradition takes place only on the basis of a treaty.
How does the extradition procedure work?
To determine whether a person can be extradited, the Netherlands follows a specific procedure when receiving an extradition request. This procedure involves several steps and bodies involved.
The Division of International Legal Assistance in Criminal Matters.
A request for extradition to the Netherlands is initially handled by the International Legal Assistance Division in Criminal Matters (AIRS). It is checked whether there are grounds to refuse extradition. In certain cases, even if a ground for refusal applies, extradition can still take place. This can happen, for example, if the requesting state gives assurances that the death penalty will not be imposed. AIRS can seek advice from the Ministry of Foreign Affairs in these cases.Another condition for extradition is that the crime charged must be punishable in both countries (the principle of double criminality). In addition, extradition can only take place if the crime in the Netherlands is an offense punishable by at least one year of imprisonment and if the claimed person still has to serve at least four months of imprisonment in the requesting country.
Court proceedings
If there are no grounds for refusal, the extradition request is forwarded to the prosecutor's office for further processing.
The public prosecutor submits the extradition request to the court's extradition chamber. Here the judge assesses whether the extradition request meets all legal conditions. For example, the judge considers whether there is double criminality, whether the claimed person can directly prove his innocence and whether there is a violation of Article 3 of the European Convention on Human Rights (ECHR), which means that the person has been tortured or tortured in the requesting country. The court then rules.
Supreme Court proceedings
If the person claimed or the prosecutor disagrees with the court's ruling, they can appeal to the Supreme Court in cassation. The Supreme Court will assess whether the court gave sufficient reasons for its decision and whether the law was properly applied.
Formal decision by minister
After a final court ruling, AIRS makes a formal decision on behalf of the Minister of Justice and Security to grant or deny the extradition request. Once the ruling is final, the claimed person can submit a view to AIRS, which is taken into account in the final decision. This decision, which takes the form of an order, is then shared with both the claimed person and the requesting country.
Brief
If the claimed person does not agree with the minister's decision, he can file a summary proceeding. This is heard by the preliminary relief judge of the District Court in The Hague, as the Minister of Justice and Security is a party to these proceedings. The interim relief judge will assess whether the minister has made the correct decision and may prohibit the extradition or dismiss the claim. The decision of the preliminary injunction judge can then be appealed.
Lawyer extradition needed?
For extradition cases, the claimed person is given a lawyer after arrest. Specialized legal assistance is necessary in extradition proceedings. Our lawyers have the necessary expertise. If you are aware of an extradition issue before the arrest, it is highly advisable to contact us before your arrest. We can then work out a strategy with you at an early stage.
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
Want to read more about rendition? Then click here.
Would you like to read more about the European Arrest Warrant (EAW)? Then click here.
