Examples of using To refuse extradition in English and their translations into Arabic
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Any State may, at the time of signature or deposit of its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition with respect to any offence set forth in article 2 which it considers to be a political offence, related to a political offence or inspired by political motives.".
States that have received an extradition request on a capital charge should reserve explicitly the right to refuse extradition in the absence of effective and credible assurances from relevant authorities of the requesting State that the death penalty will not be carried out.
(20) The Committee is concerned that under the Mutual Assistance in Criminal Matters Act it is not mandatory(representing only discretionary power) to refuse extradition when there are substantial grounds to believe that this extradition may be in breach of the persons '
Requests States that have received a request for extradition on a capital charge to reserve explicitly the right to refuse extradition in the absence of effective assurances from relevant authorities of the requesting State that capital punishment will not be carried out, and calls upon States to provide such effective assurances if requested to do so;
The multilateral and bilateral treaties to which Chile is a party that accord the right to refuse extradition on the grounds of nationality also provide for the obligation to prosecute the accused in Chile in application of the principle of aut dedere aut judicare(extradite or prosecute).
States have also reserved their right to decide in each particular case whether acts for which extradition is requested are to be regarded as political offences or to refuse extradition when the person could be subject to the death penalty in the requesting State, unless sufficient assurance is given that it will not be executed.
The Protocol, opened for signature in May 2003 and already signed by more than 30 States, inter alia, authorizes States to refuse extradition to countries where there is a risk of the death sentence being applied, or of an accused being subject to torture or life imprisonment without parole.
When depositing this instrument of ratification, the Permanent Representative declares that the Republic of Cyprus makes the following Reservation in accordance with Article 13.1 of this Convention:" The Government of the Republic of Cyprus reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.".
Upon acceptance on 22 December 1989 of the European Convention on the Suppression of Terrorism, Finland submitted a reservation to Article 1 of the Convention, reserving the right to refuse extradition in respect of any offence mentioned in Article 1 where the offence is considered to be of a political nature.
In its Recommendation 1534(2001), the Parliamentary Assembly urged the Committee of Ministers, with regard to the European Convention on the Suppression of Terrorism, to remove as a matter of urgency article 13, which grants contracting States the right to make reservations that can defeat the purpose of the convention by enabling the States to refuse extradition for offences otherwise extraditable.
Moreover, there was no other basis to refuse such an extradition as the offence did not have any military, fiscal, or political nature, it was not prosecuted in Monaco courts; it was not covered by any statute of limitations. Finally, the asylum request made by the suspect could not become a ground to refuse extradition in the view of the gravity of the alleged offence.
Regarding the claim based on political motivation which could not be used as the reason to refuse extradition of the accused terrorists, the Principle of Non-Extradition of Political Crime which is one of ten principles of international law related to extradition is still prevalent in Law No. 1/1979 on Extradition(Article 5(1)), in addition, terrorism has not been encompassed on the list of crimes which are extraditable.
As to issue(b) in paragraph 15.1 above, namely, whether the fact that Canada has generally abolished capital punishment, taken together with its obligations under the Covenant, required it to refuse extradition or to seek the assurances it was entitled to seek under the Extradition Treaty, the Committee observes that abolition of capital punishment does not release Canada of its obligations under extradition treaties.
Fr. Italy declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect to any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives: in this case Italy undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including.
Enforcement in the Convention according to the latter meaning of the term, and thus establishment of the right of States Parties to refuse extradition on the grounds that the State requesting extradition may impose an unreasonably mild punishment on the offender, would be a risky though progressive step towards limiting even further the possibilities for members of organized criminal groups to find a“safe haven”.
(b) Whereas all these conventions adopt the same approach as the Counterfeiting Convention by specifying that extradition shall be granted in conformity with the law of the requested State, the Convention for the Prevention and Punishment of Terrorism, the Single Convention on Narcotic Drugs and the Convention on Psychotropic Substances seem to widen the discretion of the requested States to refuse extradition.
It is clarified that the reservation to the European Convention does not relate to politically motivated offences but to political offences, which is a different notion. For clarity, the relevant reservation is the following:" The Government of the Republic of Cyprus reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence".
the Commission on Human Rights in resolution 2000/65 also adopted a similar stance by requesting States that had received a request for extradition on a capital charge to reserve explicitly the right to refuse extradition in the absence of effective assurances from relevant authorities of the requesting State that capital punishment would not be carried out.
Luxembourg approved, by the Act of 21 December 2004, the Protocol of 15 May 2003 amending the European Convention on the Suppression of Terrorism signed in Strasbourg on 27 January 1977, without making use of the facility offered in article 16 of the new version of the Convention, which allows a State party, by means of a reservation, to refuse extradition for an offence it considers to be a political offence.
As subparagraph 3(g) of the resolution requires States not to refuse extradition of alleged terrorists on grounds of claims of political motivation, please explain how Costa Rica intends to deal with this requirement entirely.