SlideShare uma empresa Scribd logo
1 de 13
Baixar para ler offline
Angelica Butawan
 Jaclyn Feliciano
Extradition is a process by which a person accused
 or convicted of a crime and is formally transferred
 to a State where he is wanted for trial or to serve
 his sentence.
The principle of double criminality means that the
 extradition is available only when the act is an offense
 in both jurisdictions.

The principle of speciality, an extradited individual can
 be tried only for offenses specified in the extradition
 request the object of this principle is to prevent
 blanket extradition requests.

The requesting state pledges to judge the requested
 person only for the crime for which extradition was
 requested, and not for any other.
The political exception is not required by
 international law, and must be clearly
 distinguished from provisions in domestic law or
 mutual legal assistance or extradition treaties that
 assistance of extradition may be refused if the real
 purpose of a request is to prosecute or persecute
 the person for his political opinion rather than the
 crime itself.
Each member state must comply with a request from
 a court or prosecutor of another member state for the
 execution of an arrest warrant issued by him for a
 person accused of an offence carrying a minimum
 sentence of twelve months’ imprisonment.
The arrest warrant need only contain a description of
 the circumstances in which the offence was
 committed
The judicial authorities, not the executive, decide on
 the request.
Extraditable offenses are those punishable under the
 laws of both Parties by imprisonment or deprivation
 of liberty.

A crime is considered non-extraditable if the laws of
 both countries are not the same and if both countries
 don’t have an established treaty.
 Jose Maria Sison is founder and
  chairman of the Central
  Committee of the Communist
  Party of the Philippines and a
  member of Partido Komunista
  ng Pilipinas.
 During his time the CPP
  organized the Party’s military
  wing, the New People’s Army
  (NPA).
 Since then, the NPA has waged
  guerrilla warfare on Maoist lines
  against the government of
  President Marcos.
 Sison went into exile in
  the Netherlands after the
  Marcos regime ended.
He had already been released from prison by the
 government of Corazón Aquino for the sake of
 "national reconciliation" and for his role in opposing
 Marcos.
Upon his release, Sison and his followers actively
 sought to discredit the Aquino government in
 the European media by speaking out on
 Aquino's human rights violations including
 the Mendiola Massacre, in which members of the
 military were accused of firing on unarmed
The International Crime Investigation Team of the
 Dutch National Criminal Investigation Department
 arrested Jose Maria Sison in Utrecht on August 28,
 2007.
Sison was arrested for his involvement from the
 Netherlands in three assassinations that took place in
 the Philippines, the murder on Romulo Kintanar in
 2003, and the murders of Arturo Tabara and Stephen
 Ong in 2006.
With treaty, the convicted person is transferred to the
 requesting state to undergo the trial base upon the
 practice of the state.
Atong Ang Case: Extradition from US to Philippines.
Charlie "Atong" Ang was a close associate of former
 President Joseph Estrada. He is a co-accused in the
 plunder case against Estrada, the latter's son Sen. Jose
 "Jinggoy," and lawyer Edward Serapio.
A year later, he was freed on a $300,000 bail and
 placed under house arrest
Judge Lawrence Leavitt of the US District Court in
 Nevada ruled on September 18, 2006 that Ang should
 be extradited to the Philippines to face plunder
 charges against him.
He arrived in Manila in November 10, 2006.
The Jose Maria Sison Case
Gonzales and Foreign Undersecretary Rafael Seguis
 said that due to the absence of an extradition treaty
 with the Netherlands, the Philippine government
 would wait for the Dutch resolution of Sison’s double
 murder case before moving to seek his return to the
 country.
References
Aust, A. (2005). Handbook of International Law. New
  York: Cambridge University Press.
Balana, A. P.-J. (2007, August 30). The Arrest of Joma
  Sison. Retrieved November 12, 2010, from Inquirer:
  http://www.inquirer.net/specialfeatures/jomasison/vi
  ew.php?db=1&article=20070830-85482
Santiago, J. R. (2005). International Law and World
  Organizations. Quezon City: Central Lawbook
  Publishing CO., INC.

Mais conteúdo relacionado

Mais procurados

What is intervention and when it is permitted under international law
What is intervention and when it is permitted under international lawWhat is intervention and when it is permitted under international law
What is intervention and when it is permitted under international lawDavid Vishnoi
 
Recognition - International Law
Recognition - International LawRecognition - International Law
Recognition - International LawA K DAS's | Law
 
State jurisdiction under PUBLIC INTERNATIONAL LAW
State  jurisdiction under PUBLIC INTERNATIONAL LAWState  jurisdiction under PUBLIC INTERNATIONAL LAW
State jurisdiction under PUBLIC INTERNATIONAL LAWovro rakib
 
Sources of international law (by Advocate Raja Aleem)
Sources of international law (by Advocate Raja Aleem)Sources of international law (by Advocate Raja Aleem)
Sources of international law (by Advocate Raja Aleem)Raja Aleem
 
Subjects of international law
Subjects of international lawSubjects of international law
Subjects of international lawShivani Sharma
 
Sources of international law
Sources of international lawSources of international law
Sources of international lawShivani Sharma
 
State responsibility in international law
State responsibility in international lawState responsibility in international law
State responsibility in international lawNasir Ahmad Yousefi
 
Intentional law. [ NEUTRALITY OF STATE]
Intentional law. [ NEUTRALITY OF STATE]Intentional law. [ NEUTRALITY OF STATE]
Intentional law. [ NEUTRALITY OF STATE]shahzaib555
 
Sources of International law
Sources of International lawSources of International law
Sources of International lawKeshav Choudhary
 
State - International law
 State - International law State - International law
State - International lawKeshav Choudhary
 
International law -Relationship between International Law and Municipal Law
International law -Relationship between International Law and Municipal LawInternational law -Relationship between International Law and Municipal Law
International law -Relationship between International Law and Municipal LawBangladesh Law Digest ☑
 
International Law Short Study Notes
International Law Short Study Notes International Law Short Study Notes
International Law Short Study Notes zahinch
 
The subject of international law
The subject of international lawThe subject of international law
The subject of international lawFAROUQ
 
Sources of international law
Sources of international lawSources of international law
Sources of international lawWaqar Khattak
 
Understanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesUnderstanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesKai Bruns
 
Concept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionConcept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionShivani Sharma
 
Sources of international law
Sources of international lawSources of international law
Sources of international lawShree Silwal
 
International law notes by asmatullah
International law notes by asmatullahInternational law notes by asmatullah
International law notes by asmatullahAsmatullah Kakar
 
INTERNATIONAL COURT OF JUSTICE
INTERNATIONAL COURT OF JUSTICEINTERNATIONAL COURT OF JUSTICE
INTERNATIONAL COURT OF JUSTICEAlyna Adyl
 

Mais procurados (20)

What is intervention and when it is permitted under international law
What is intervention and when it is permitted under international lawWhat is intervention and when it is permitted under international law
What is intervention and when it is permitted under international law
 
Recognition - International Law
Recognition - International LawRecognition - International Law
Recognition - International Law
 
State jurisdiction under PUBLIC INTERNATIONAL LAW
State  jurisdiction under PUBLIC INTERNATIONAL LAWState  jurisdiction under PUBLIC INTERNATIONAL LAW
State jurisdiction under PUBLIC INTERNATIONAL LAW
 
Sources of international law (by Advocate Raja Aleem)
Sources of international law (by Advocate Raja Aleem)Sources of international law (by Advocate Raja Aleem)
Sources of international law (by Advocate Raja Aleem)
 
Subjects of international law
Subjects of international lawSubjects of international law
Subjects of international law
 
Sources of international law
Sources of international lawSources of international law
Sources of international law
 
State responsibility in international law
State responsibility in international lawState responsibility in international law
State responsibility in international law
 
Intentional law. [ NEUTRALITY OF STATE]
Intentional law. [ NEUTRALITY OF STATE]Intentional law. [ NEUTRALITY OF STATE]
Intentional law. [ NEUTRALITY OF STATE]
 
Sources of International law
Sources of International lawSources of International law
Sources of International law
 
State - International law
 State - International law State - International law
State - International law
 
International law -Relationship between International Law and Municipal Law
International law -Relationship between International Law and Municipal LawInternational law -Relationship between International Law and Municipal Law
International law -Relationship between International Law and Municipal Law
 
International Law Short Study Notes
International Law Short Study Notes International Law Short Study Notes
International Law Short Study Notes
 
The subject of international law
The subject of international lawThe subject of international law
The subject of international law
 
Sources of international law
Sources of international lawSources of international law
Sources of international law
 
INTERNATIONAL LAW
INTERNATIONAL LAWINTERNATIONAL LAW
INTERNATIONAL LAW
 
Understanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesUnderstanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and Immunities
 
Concept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionConcept of state, recognition and jurisdiction
Concept of state, recognition and jurisdiction
 
Sources of international law
Sources of international lawSources of international law
Sources of international law
 
International law notes by asmatullah
International law notes by asmatullahInternational law notes by asmatullah
International law notes by asmatullah
 
INTERNATIONAL COURT OF JUSTICE
INTERNATIONAL COURT OF JUSTICEINTERNATIONAL COURT OF JUSTICE
INTERNATIONAL COURT OF JUSTICE
 

Semelhante a Extradition ppt

THE CASE OF JULIAN ASSANGE
THE CASE OF JULIAN ASSANGETHE CASE OF JULIAN ASSANGE
THE CASE OF JULIAN ASSANGEAnushka Singh
 
The Importance Of Extradition In The United States
The Importance Of Extradition In The United StatesThe Importance Of Extradition In The United States
The Importance Of Extradition In The United StatesJeanne Hall
 
Basic report for the day of the endangered lawyer 2015
Basic report for the day of the endangered lawyer 2015Basic report for the day of the endangered lawyer 2015
Basic report for the day of the endangered lawyer 2015JLMB
 
Anti-Terrorism Laws in Australia
Anti-Terrorism Laws in AustraliaAnti-Terrorism Laws in Australia
Anti-Terrorism Laws in AustraliaHasan Mohammad
 
SB 1070 vs. Genocide
SB 1070 vs. GenocideSB 1070 vs. Genocide
SB 1070 vs. Genocidebecause789
 
ILB TO BE FIXED 2.docx
ILB TO BE FIXED 2.docxILB TO BE FIXED 2.docx
ILB TO BE FIXED 2.docxNKARHIJENIFER
 
Amnesty International Trial
Amnesty International TrialAmnesty International Trial
Amnesty International TrialKatie Gulley
 
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...Rainbow Glasses
 
Extrajudicial killings and Involuntary Disappearances
Extrajudicial killings and Involuntary DisappearancesExtrajudicial killings and Involuntary Disappearances
Extrajudicial killings and Involuntary DisappearancesVyshnavi Neelakantan
 
Hu Jia in China’s Legal Labyrinth
Hu Jia in China’s Legal LabyrinthHu Jia in China’s Legal Labyrinth
Hu Jia in China’s Legal Labyrinthzengjinyan
 
Tok Presentation
Tok PresentationTok Presentation
Tok PresentationLovmoneka
 
Psychological Issues and the law
Psychological Issues and the lawPsychological Issues and the law
Psychological Issues and the lawDoug Aaron
 
Psychological Issues Within Law Enforcement
Psychological Issues Within Law EnforcementPsychological Issues Within Law Enforcement
Psychological Issues Within Law EnforcementDoug Aaron
 
The Consequences Of Amnesty International
The Consequences Of Amnesty InternationalThe Consequences Of Amnesty International
The Consequences Of Amnesty InternationalKatie Fernandez
 
Amnesty Speech Introduction To Amnesty
Amnesty Speech Introduction To AmnestyAmnesty Speech Introduction To Amnesty
Amnesty Speech Introduction To Amnestyguest09fe3
 
lawyers rights watch Canada
lawyers rights watch Canadalawyers rights watch Canada
lawyers rights watch CanadaLeticia Sakai
 

Semelhante a Extradition ppt (20)

Extradition ppt
Extradition pptExtradition ppt
Extradition ppt
 
THE CASE OF JULIAN ASSANGE
THE CASE OF JULIAN ASSANGETHE CASE OF JULIAN ASSANGE
THE CASE OF JULIAN ASSANGE
 
The Importance Of Extradition In The United States
The Importance Of Extradition In The United StatesThe Importance Of Extradition In The United States
The Importance Of Extradition In The United States
 
Basic report for the day of the endangered lawyer 2015
Basic report for the day of the endangered lawyer 2015Basic report for the day of the endangered lawyer 2015
Basic report for the day of the endangered lawyer 2015
 
Anti-Terrorism Laws in Australia
Anti-Terrorism Laws in AustraliaAnti-Terrorism Laws in Australia
Anti-Terrorism Laws in Australia
 
SB 1070 vs. Genocide
SB 1070 vs. GenocideSB 1070 vs. Genocide
SB 1070 vs. Genocide
 
Arizona Immigration Law
Arizona Immigration LawArizona Immigration Law
Arizona Immigration Law
 
ILB TO BE FIXED 2.docx
ILB TO BE FIXED 2.docxILB TO BE FIXED 2.docx
ILB TO BE FIXED 2.docx
 
Amnesty International Trial
Amnesty International TrialAmnesty International Trial
Amnesty International Trial
 
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...
153777064 transcript-of-wiki leaks-press-conference-on-edward-snowden’s-exit-...
 
Extrajudicial killings and Involuntary Disappearances
Extrajudicial killings and Involuntary DisappearancesExtrajudicial killings and Involuntary Disappearances
Extrajudicial killings and Involuntary Disappearances
 
Hu Jia in China’s Legal Labyrinth
Hu Jia in China’s Legal LabyrinthHu Jia in China’s Legal Labyrinth
Hu Jia in China’s Legal Labyrinth
 
Tok Presentation
Tok PresentationTok Presentation
Tok Presentation
 
Psychological Issues and the law
Psychological Issues and the lawPsychological Issues and the law
Psychological Issues and the law
 
Psychological Issues Within Law Enforcement
Psychological Issues Within Law EnforcementPsychological Issues Within Law Enforcement
Psychological Issues Within Law Enforcement
 
The Consequences Of Amnesty International
The Consequences Of Amnesty InternationalThe Consequences Of Amnesty International
The Consequences Of Amnesty International
 
Detention and military
Detention and militaryDetention and military
Detention and military
 
Amnesty Speech Introduction To Amnesty
Amnesty Speech Introduction To AmnestyAmnesty Speech Introduction To Amnesty
Amnesty Speech Introduction To Amnesty
 
lawyers rights watch Canada
lawyers rights watch Canadalawyers rights watch Canada
lawyers rights watch Canada
 
Web template
Web templateWeb template
Web template
 

Extradition ppt

  • 2. Extradition is a process by which a person accused or convicted of a crime and is formally transferred to a State where he is wanted for trial or to serve his sentence.
  • 3. The principle of double criminality means that the extradition is available only when the act is an offense in both jurisdictions. The principle of speciality, an extradited individual can be tried only for offenses specified in the extradition request the object of this principle is to prevent blanket extradition requests. The requesting state pledges to judge the requested person only for the crime for which extradition was requested, and not for any other.
  • 4. The political exception is not required by international law, and must be clearly distinguished from provisions in domestic law or mutual legal assistance or extradition treaties that assistance of extradition may be refused if the real purpose of a request is to prosecute or persecute the person for his political opinion rather than the crime itself.
  • 5. Each member state must comply with a request from a court or prosecutor of another member state for the execution of an arrest warrant issued by him for a person accused of an offence carrying a minimum sentence of twelve months’ imprisonment. The arrest warrant need only contain a description of the circumstances in which the offence was committed The judicial authorities, not the executive, decide on the request.
  • 6. Extraditable offenses are those punishable under the laws of both Parties by imprisonment or deprivation of liberty. A crime is considered non-extraditable if the laws of both countries are not the same and if both countries don’t have an established treaty.
  • 7.  Jose Maria Sison is founder and chairman of the Central Committee of the Communist Party of the Philippines and a member of Partido Komunista ng Pilipinas.  During his time the CPP organized the Party’s military wing, the New People’s Army (NPA).  Since then, the NPA has waged guerrilla warfare on Maoist lines against the government of President Marcos.  Sison went into exile in the Netherlands after the Marcos regime ended.
  • 8. He had already been released from prison by the government of Corazón Aquino for the sake of "national reconciliation" and for his role in opposing Marcos. Upon his release, Sison and his followers actively sought to discredit the Aquino government in the European media by speaking out on Aquino's human rights violations including the Mendiola Massacre, in which members of the military were accused of firing on unarmed
  • 9. The International Crime Investigation Team of the Dutch National Criminal Investigation Department arrested Jose Maria Sison in Utrecht on August 28, 2007. Sison was arrested for his involvement from the Netherlands in three assassinations that took place in the Philippines, the murder on Romulo Kintanar in 2003, and the murders of Arturo Tabara and Stephen Ong in 2006.
  • 10. With treaty, the convicted person is transferred to the requesting state to undergo the trial base upon the practice of the state. Atong Ang Case: Extradition from US to Philippines. Charlie "Atong" Ang was a close associate of former President Joseph Estrada. He is a co-accused in the plunder case against Estrada, the latter's son Sen. Jose "Jinggoy," and lawyer Edward Serapio. A year later, he was freed on a $300,000 bail and placed under house arrest
  • 11. Judge Lawrence Leavitt of the US District Court in Nevada ruled on September 18, 2006 that Ang should be extradited to the Philippines to face plunder charges against him. He arrived in Manila in November 10, 2006.
  • 12. The Jose Maria Sison Case Gonzales and Foreign Undersecretary Rafael Seguis said that due to the absence of an extradition treaty with the Netherlands, the Philippine government would wait for the Dutch resolution of Sison’s double murder case before moving to seek his return to the country.
  • 13. References Aust, A. (2005). Handbook of International Law. New York: Cambridge University Press. Balana, A. P.-J. (2007, August 30). The Arrest of Joma Sison. Retrieved November 12, 2010, from Inquirer: http://www.inquirer.net/specialfeatures/jomasison/vi ew.php?db=1&article=20070830-85482 Santiago, J. R. (2005). International Law and World Organizations. Quezon City: Central Lawbook Publishing CO., INC.

Notas do Editor

  1. It is normally understood as the delivery of an accused or a convicted individual to the State in whose territory he is alleged to have committed a crime, by the State whose territory the alleged criminal happens to be at the time.
  2. The political exception has been excluded in respect of some especially cruel offences, such as genocide and certain terrorist offences.