Extradition is a complex legal process that requires knowledge of international law and cooperation between States. In the case of extradition to the United States, this process becomes even more difficult due to the specifics of the American legal system.

In addition, there are countries that have not concluded extradition agreements with the United States, which also complicates the procedure for bringing criminals to justice. Let’s look at the role of Interpol lawyers, identify countries that do not have an extradition treaty in the United States.

What is extradition?

Extradition is the formal process of transferring a person accused or convicted of a crime from one country to another for prosecution or serving a sentence. This process is regulated by international treaties and national laws. The main document regulating extradition cases in Europe is the European Convention on Extradition of 1957, as well as other bilateral and multilateral agreements.

Features of extradition to the US include the principle of dual criminality, according to which the crime of which the person is accused must be punishable in both countries. Political and war crimes are generally not extraditable under the provisions of most treaties. The prohibition on the extradition of one’s own citizens is also an important factor, as some countries do not extradite their citizens, which can complicate the extradition process to the United States.   Extradition must not violate fundamental human rights enshrined in international instruments.

What is the U.S. extradition process?

The extradition process in the United States is governed by the federal extradition law and international treaties concluded with other countries. The main steps in the process include:

1. Extradition request: The U.S. sends a formal request to the country where the person is located;
2. Arrest and trial: the authorities of the requested country arrest the person and conduct a trial to determine the legality of the extradition;
3. Court decision: the court decides on the possibility of extradition, taking into account national laws and international obligations;
4. Surrender of Person: In the event of a positive decision, the person will be transferred to the U.S. for further trial or serving a sentence.

Extradition shall not be granted in cases where there is a risk of violation of human rights under the 1966 International Covenant on Civil and Political Rights.

Countries that do not have an extradition treaty with the United States

The United States has extradition treaties with many countries, but there are states with which there are no such agreements. Among them:

• Russia;
• China;
• United Arab Emirates;
• Saudi Arabia.

The absence of a treaty does not mean that extradition is impossible, but it greatly complicates the process and makes it dependent on the political will of the parties and diplomatic relations.

What role do INTERPOL lawyers play in extradition to the United States?

Interpol, as the International Criminal Police Organization, does not have its own investigative powers. However, Interpol takes the position of coordinator between national law enforcement agencies. Interpol lawyers, in turn, perform:

• Provide legal support: analyze extradition requests for compliance with international norms and national laws;
• Coordinate interaction: facilitate the exchange of information between countries, participate in the organization of arrests and transfers of persons;
• Protect human rights: monitor the rights of persons subject to extradition in accordance with international conventions such as the 1984 Convention against Torture;
• They advise on legal issues: Interpol lawyers give legal advice on complex extradition issues, providing expert opinions.

How can an Interpol lawyer protect your rights?

In the event of your detention, arrest and subsequent extradition, you will need the protection of a qualified lawyer in INTERPOL cases. A lawyer can provide the following types of support: legal analysis, including an assessment of the lawfulness of the extradition request, verification of the presence of political motivation or a risk of human rights violations.

The lawyer will provide international protection, including recourse to international organizations and mechanisms for the protection of human rights, such as the European Court of Human Rights. Will monitor the conditions of detention, ensuring supervision of the conditions of detention and the prevention of torture and inhuman treatment.

Interpol lawyers will ensure legality and justice, as well as the protection of the rights of persons subject to extradition. Their professional support and expertise help prevent possible violations and ensure compliance with international human rights standards.