EXTRADITION- SU4.2

Question 1

What is Extradition?

Answer 1

Extradition may be defined as the delivery of an accused or convicted individual to the state where he is accused of, or has been convicted of, a crime, by the state on whose territory he happens for the time to be.

Question 2

What is COMITY?

Answer 2

Comity describes the actions between states based solely on goodwill or courtesy.

Question 3

What is RECIPROCITY?

Answer 3

Reciprocity is when the request for surrender is accompanied by assurances of reciprocal extradition on comparable circumstances.

Question 4

Two principal human right norms adopted by extradition treaties and legislation concern:

Answer 4

1. the death penalty
2. non-discrimination

Question 5

IN Mohamed v the President of RSA:

Answer 5

the Constitutional Court held that it was unconstitutional to extradite any person to a country where he may face the death penalty if put on trial.
-South Africa may lawfully extradite a person if the requesting state provides assurance that the death penalty will not be sought, and if imposed, it will not be carried out.

Question 6

The UN Model Treaty on Extradition and the Convention against Torture:

Answer 6

prohibits extradition where there are substantial grounds for believing that the extradited person will be subjected to torture, inhuman treatment, or punishment by the requesting state

Question 7

ARTICLE 4(b):

Answer 7

permits extradition to be refused where the probable penalty that may be imposed by the requesting state is in conflict with the fundamental principles of the law of the requested state.

Question 8

Two requirements for a foreign state to become an associated state:

Answer 8

1. the foreign state must be in Africa
2. there must be an extradition treaty between the Republic and the African state.

Question 9

The PRINCIPLE OF DOUBLE CRIMINALITY

Answer 9

requires that the conduct claimed to constitute an extraditable crime should constitute a crime in both the requesting and requested state.
-it is not necessary that the offence should have the same name in both states, provided that it is substantially similar.

Question 10

CRITERIA OF AMNESTY:

Answer 10

1. Motive of the offender
2. Context in which the act took place
3. whether it was committed in the course of or as part of a political uprising
4. whether it was directed at a political opponent, state property, or individuals