Section 81:
Extraneous considerations
240.
The effect of this section is to bar a person's extradition to a category 2 territory if it appears that the request has been issued for the purpose of prosecuting or punishing that person for reasons of his race, religion, nationality, gender, sexual orientation or political opinions.
His extradition would also be barred if it appears that he would be prejudiced at trial, or his liberty restricted, for any of the same reasons.
Soruced: http://www.legislation.gov.uk/ukpga/2003/41/notes/division/5/2/13
Showing posts with label infringements. Show all posts
Showing posts with label infringements. Show all posts
September 29, 2012
Certificate in respect of asylum claimant
40
Certificate in respect of asylum claimant
(1)Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
Certificate in respect of asylum claimant
(1)Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
Asylum claim UK Extradiction Act 2003
39Asylum claim(1)This section applies if—
(a)a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;
(b)an order is made under this Part for the person to be extradited in pursuance of the warrant.
(a)a person in respect of whom a Part 1 warrant is issued makes an asylum claim at any time in the relevant period;
(b)an order is made under this Part for the person to be extradited in pursuance of the warrant.
September 28, 2012
Convention protocols European Convention on Human Rights
Convention protocols
As of January 2010, fifteen protocols to the Convention have been opened for signature. These can be divided into two main groups: those amending the framework of the convention system, and those expanding the rights that can be protected. The former require unanimous ratification by member states before coming into force, while the latter require a certain number of states to sign before coming into force.Bars to extradition
Bars to extradition
By 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:Extraordinary rendition
'Extraordinary rendition'
Main article: Extraordinary rendition
"Extraordinary rendition" is an extrajudicial procedure in which criminal suspects, generally suspected terrorists or Extradition and abduction
Extradition and abduction
Issues of international law relating to extradition have proven controversial in cases where a state has abducted and removed an individual from the territory of another state without previously requesting permission, or following normal extradition procedures. Such abductions are usually in violation of the domestic law of the country in which they occur, as infringements of laws forbidding kidnapping. Many also regard abduction as violation of international law — in particular of a prohibition on arbitrary detention. A small number of countries have been reported to use kidnapping to circumvent the formal extradition process. Notable or controversial cases include the abduction or attempted abduction ofSourced: http://en.wikipedia.org/wiki/Extradition
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