View Full Version : Only one of the following statement is correct.

09-07-2012, 04:09 AM
Q. Only one of the following statement is correct. please first identify, the correct answer, then explain, elaborate discuss the correct one 1/3 marks are allocated for identifying the correct one.
(a) States are not obliged to provide, political or territorial Asylum. however they do consider to offer Asylum to a person, who is in dire need of that. this process is known as extradition.
(b) As per Mr. Estrada of Mexico recognition of state is an insulting practice and it offends sovereignt of other nation. this process of abstaining from recognition is called extradition.
(c) Handing over of accused or convict from one country to the jurisdiction of a demanding state, is called extradition.
(d) The lack of uniformity in state nationality laws has resulted in troublesome problem of multiple nationality statelessness etc. the doctrine which addresses these problems is identified as extradition process. (2001)
Q. Only one of the statement is correct out of the following. first identify the correct one then explain and discuss it.
(i) Extradition to adjudicate upon matters pending before ICJ, for ultimate benefit of the parties.
(ii) 'Extradition' means handing over of accused/ convict from one country to the jurisdiction of a demanding state.
(iii) "Extradition"means forceful retaliation by state against acts of aggression of another state.
(iv) 'Extradition' means to provide political Asylum to nation of some specific state who demand it. (2002)
1. Introduction:
Extradition is handing over of accused or convict from one country to the jurisdiction of demanding country or state. it is the duty of each state either to punish the criminal or to return them to the states where they have committed crime. under international law the extradition is a matter of bilateral treaty.
2. Meaning of extradition:
It is derived from Latin words ex and trdium which means delivery of criminals.
Osborn, s concise law dictionary:
Extradition s the delivery of a person who has committed a crime in one country and with in the authority of another country in which he has taken refuge to.
3. Definition:
:Extradition is the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed or to have been convicted of a crime by the state on whose territory the alleged criminal happens to be for the time being.
"Extradition is surrender by one state to another of an individual who is found with in the territory of the former and is accused of having committed a crime within the territory of the letter or who having committed a crime outside the territory of the letter is one of its subject and such by its law amendable to its jurisdiction."
J.g Starke:
"The term extradition denotes the process whereby under treaty or upon the basis of reciprocity one state surrenders to another at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state such requesting state being competent to try the alleged offender."
4. Basis:
The extradition is based on the maxim aut punire aut dedere which means that offender must be punished by the refuge state or surrendered be the state which alleges him of that charge.
5. Extraditable persons:
Following are extraditable person.
(i) Own nationals of state.
(ii) Nationals of a third state.
6. Objects of extradition:
No criminal should be unpunished because of lack of jurisdiction so the sole object is to punish offender.
7. Conditions applicable to extradition:
Conditions applicable to extradition are as under:
(a) There should be extraditable person.
(b) There should be extraditable crime.
(c) There must be treaty between extraditing .state and demanding state.
(d) Offence must be same in both states.
(e) There must be sufficient evidence against accused.
8. Extraditable crimes:
There is no legal proibition n extradition a person for any crime but generally extradition is made in respect of more serious crimes.
9. Limitations:
Following are limitations of extradition.
I Religious offence:
The rules of extradition are not applicable to religious matters.
Sulman rushdi case:
British government refused to hand over accused because it was religious matter.
(ii) Political offence:
The rules of extradition are not applicable to political offences so on political calls for extradition.
Re. kolezyuski and others (1955) all. E.A 31
The term offence must offernce must always be considered according to the circumstances existing at the time even they have to be considered.
(iii) Trifling cases:
Trifling case are not covered by the rule of extradition of political character was not intended to be exhaustive.
10. Position in Pakistan:
In Pakistan extradition act 1930 regulates extradition form Pakistan. it provides procedure for the surrender of fugitive criminals.
11. Conclusion:
To conclude it can be said that extradition is a process towards the suppression of crime. it is based on reciprocity. international law dose not recognize any general duty of states in respect of states. it depends upon the provision of the extradition treaties. so it is matter of bilateral treaty.