Extradition in the USA: Mechanisms, Stages, and Reasons for Refusal

Introduction

Extradition is the process of handing over an individual from one country to another for prosecution or serving a sentence. The USA actively uses extradition mechanisms to hold accused individuals accountable. However, the procedure depends on international agreements, as well as legal and political factors.

1. Which countries do not extradite their citizens to the USA?

Some countries do not extradite their citizens to the USA, even if there is an extradition treaty between the countries.

🔹 Countries without a treaty with the USA:

• China
• Russia
• Belarus
• Iran
• North Korea
• Cuba
• Saudi Arabia

🔹 Countries that prohibit the extradition of their own citizens:

• Germany
• France
• Brazil
• Mexico
• Ukraine
• Argentina
• Russia

In these countries, American authorities cannot directly request the extradition of a citizen. However, the USA can seek extradition from third countries.

2. Extradition from third countries

If the suspect is in a country that does not prohibit the extradition of its own citizens or has an agreement with the USA, they may be detained and handed over to American authorities.

📌 Example:

• In 2013, Russia refused to extradite Edward Snowden to the USA. However, he could have been detained in any country with a treaty with America.

📌 USA tactics:

• Request for the arrest of the suspect upon crossing the border of a friendly state.
• Pressure on third countries to deport the suspect to the USA.
• Using Interpol for international manhunts.

3. The Rule of Specialty (Non-Alteration of Charges)

After extradition, the individual can only be tried for the charges stated in the extradition request.

✔ If a country has extradited a person for fraud, the USA cannot later try them for murder or other crimes without the consent of the extraditing country.

4. Extradition Timeframe

The process can take from several months to several years, depending on the complexity of the case and the presence of appeals.

Factors Affecting the Timeline:

• The political will of the extraditing country
• Court proceedings in local courts
• The possibility of appealing the extradition decision
• Diplomatic negotiations

📌 Example:

• The extradition of Mexican drug lord Joaquín "El Chapo" Guzmán to the USA took more than 10 years due to legal and political obstacles.

5. Stages of Extradition

🔹 1. Extradition Request

The U.S. Department of Justice sends an official request through diplomatic channels.

🔹 2. Arrest of the Suspect

Local law enforcement agencies arrest the wanted person.

🔹 3. Judicial Hearing in the Extraditing Country

The court examines the request, assesses the evidence, and decides whether the case meets the conditions for extradition.

🔹 4. Right to Appeal

The accused may file an appeal, which can delay the process for years.

🔹 5. Final Decision and Transfer to the U.S.

If extradition is approved, the person is handed over to U.S. federal agents and deported to the United States.

6. Grounds for Extradition Refusal

❌ 1. Political Offense

If the accused is being persecuted for political reasons (e.g., criticizing the regime), the country may refuse extradition.

📌 Example:

• France refused to extradite former members of the Italian left-wing terrorist group "Red Brigades".

❌ 2. Risk of the Death Penalty

Many countries, including Canada and the European Union, require guarantees that the accused will not face the death penalty.

❌ 3. Risk of Torture or Inhuman Treatment

If the accused could be subjected to cruel treatment in the U.S., the extradition will be denied.

📌 Example:

• The United Kingdom refused to extradite hacker Gary McKinnon, citing potential cruel treatment in a U.S. prison.

❌ 4. Double Criminality

The crime must be punishable both in the U.S. and in the extraditing country.

📌 Example:

• Smoking marijuana is legal in Canada but illegal in most U.S. states. A person will not be extradited for a crime that is not a crime in their country.

❌ 5. Citizenship of the Accused

If a country prohibits the extradition of its own citizens (e.g., Russia or Germany), the U.S. cannot directly request their extradition.

Conclusion

Extradition to the U.S. is a complex legal process that depends on international treaties and political decisions. Some countries do not extradite their citizens, but the U.S. actively uses extradition from third countries. The process can take years, and grounds for refusal include political motives, the risk of the death penalty, and human rights violations.

If you or your loved ones are facing the issue of extradition, our team of professional lawyers is ready to help protect your rights! 🚀