Bars to extraditionBy enacting laws or concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests. Common bars to extradition include:
- Failure to fulfill dual criminality – generally the act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested parties.
- Political nature of the alleged crime – most countries refuse to extradite suspects of political crimes.
- Possibility of certain forms of punishment – some countries
refuse extradition on grounds that the person, if extradited, may
receive capital punishment or face torture. A few go as far as to cover
all punishments that they themselves would not administer.
- Death penalty – Many countries, such as Australia, Canada, India, Macao, and most European nations, will not allow extradition if the death penalty may be imposed on the suspect unless they are assured that the death sentence will not be passed or carried out.
- Torture, inhuman or degrading treatment or punishment – Many countries will not extradite if there is a risk that a requested person will be subjected to torture, inhuman or degrading treatment or punishment. In the case of Soering v United Kingdom, the European Court of Human Rights held that it would violate Article 3 of the European Convention on Human Rights to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and the uncertain timescale within which the sentence would be executed.
- Jurisdiction – Jurisdiction over a crime can be invoked to
refuse extradition. In particular, the fact that the person in question
is a nation's own citizen causes that country to have jurisdiction.
- Own nationals – Some countries, such as France, Germany, Russia, Austria, the People's Republic of China, the Republic of China (Taiwan) and Japan, forbid extradition of their own nationals. These countries often have laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they prosecute and try citizens accused of crimes committed abroad as if the crime had occurred within the country's borders. Some nations refuse to extradite their own citizens, holding trials for the persons themselves (see e.g. trial of Xiao Zhen).