Extradition translates as the process in which an individual accused or convicted of a crime is handed over by one state to another for trial or to serve a sentence, raising significant ethical and legal challenges. In this context, human rights play a crucial role that cannot be ignored.
Ethical perspectives
From an ethical perspective, extradition must respect the dignity and fundamental rights of the individual. International treaties, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights, establish essential guarantees to protect individuals against torture, inhuman or degrading treatment, and ensure the right to a fair trial. The rendition of a person to a country where he or she could suffer serious human rights violations is inadmissible and contravenes fundamental ethical principles.
Legal Aspects
Legally, extradition is regulated by bilateral and multilateral treaties, as well as by the domestic legislation of each country. In Spain, the Passive Extradition Law and the Asylum and Subsidiary Protection Law establish the applicable procedures and guarantees. The jurisprudence of the Supreme Court and the Constitutional Court has emphasized the importance of evaluating the conditions of the judicial and penitentiary systems of the requesting country to ensure that the human rights of the extradited person are not violated.
One of the main legal challenges is the assessment of dual criminality, a principle according to which the act for which extradition is requested must be considered a crime in both the requesting and the requested country. In addition, the prohibition of extradition for political purposes or for offenses that may carry the death penalty is an essential safeguard.
Customer Perspectives
For financial sector entrepreneurs, industrialists and investors, extradition can represent a significant risk. It is crucial to have expert legal representation to ensure an effective defense against possible extradition proceedings. Preventive advice and representation before INTERPOL are essential services for those who may face unfounded accusations leading to extradition.
In conclusionThe relationship between human rights and extradition is complex and requires a careful balance between international cooperation and the protection of fundamental rights. In a globalized world, where borders are blurring, ensuring that extradition processes are conducted fairly and in a manner that respects human rights is an inescapable priority for the international legal community.
