What Happens If Extradition Is Granted But The Country Refuses To Take Custody?

Extradition is a legal process by which one country formally requests the surrender of a fugitive to face charges or serve a sentence. While many countries have treaties in place for such matters, complications may arise if, after granting extradition, the requested country refuses to take custody of the individual. This situation can create a complex legal and diplomatic challenge, as both nations must navigate international law, human rights issues, and their diplomatic relations.

Possible Reasons for Custody Refusal

Political Offenses

Extradition treaties typically exclude individuals accused of political offenses, and a country may refuse to take custody if it believes the charges are politically motivated.

Risk of Death Penalty or Torture

If the requesting country has the death penalty or practices torture, the country granting extradition may refuse to hand over the individual, citing human rights concerns.

Dual Criminality

The offense for which extradition is requested must be a crime in both countries. If the offense is not recognized in the requested country, they may refuse custody.

Risk of Unfair Trial

If the requested country believes that the individual will not receive a fair trial (e.g., due to a biased judiciary), they may choose not to proceed with the extradition.

Lack of Diplomatic or Treaty Obligations

In some cases, there may be no legal obligation under an extradition treaty, or diplomatic tensions may hinder the process.

Possible Resolutions and Legal Options

Negotiations Between Countries

Diplomatic discussions may occur between the two governments to resolve the issue, such as agreeing on specific guarantees regarding the treatment of the individual or a modified extradition agreement.

Transfer to a Third Country

In certain cases, the individual may be transferred to a neutral third country willing to take custody.

Appeal to International Courts

The requesting country may take the matter to an international tribunal, like the International Court of Justice (ICJ), to resolve disputes related to the refusal of custody.

Issuance of Interpol Red Notice

If extradition fails, the requesting country may ask Interpol to issue a Red Notice to alert other countries of the fugitive's location and status.

Granting Asylum

The individual may apply for asylum in the country where they are located if they fear for their safety in the requesting country, complicating the extradition process further.

Example

Suppose the United States requests the extradition of an individual from the United Kingdom for charges related to financial fraud. The UK grants the extradition, but upon reviewing the case, it refuses to take custody due to concerns that the individual may face the death penalty in the U.S., which goes against their human rights policies.

Steps the UK may take:

• Engage in diplomatic talks with the U.S. to negotiate assurances that the individual will not face the death penalty.
• Seek a third-party country to take custody of the individual.
• If necessary, file the case with the International Court of Justice (ICJ) for arbitration on the legality of the refusal.

The U.S. may issue a Red Notice to attempt to locate the individual in another country for potential extradition.

This situation underscores the challenges in international extradition and the complexities of balancing legal obligations with human rights considerations.