GENERAL ASSEMBLY RESOLUTION: Extradition Rights [Complete]

Extradition Rights

Description: The World Assembly,

BELIEVING that all persons have the right to a fair trial;

HAVING PREVIOUSLY ruled that Member States may not extradite a person to a jurisdiction where there is probable cause to believe they would be subjected to torture;

HAVING FURTHER ruled that nations must facilitate the extradition of those suspected of certain severe crimes, subject to national and international law;

ENTITLES all persons inside the jurisdiction of World Assembly Member States to a legal appeal in the nation from which extradition is requested;

DECLARES that persons inside the jurisdiction of a World Assembly Member State may not be extradited to another World Assembly Member State, in the absence of a treaty governing the terms of extradition or a national law governing the terms of extradition to nations with whom no treaty has been established;

FURTHER DECLARES that a legal appeal against extradition must also be accepted if any of the following are true:
a) The nation requesting extradition cannot provide evidence that – unless rebutted – would be sufficient to prove the act for which extradition is sought;
b) The act for which extradition is sought does not constitute a crime in the nation from which extradition is requested;
c) The crime for which extradition is sought is of a political nature;
d) The punishment for the crime for which extradition is sought would not be administered in the nation from which extradition is requested;
e) The nation from which extradition is requested claims jurisdiction over the crime for which extradition is sought;

CLARIFIES that the nation from which extradition is requested may also refuse to extradite for other reasons, insofar as such refusal does not contradict existing World Assembly resolutions;

ENCOURAGES Member States to enact legislation which facilitates the prosecution of cross-border crime.


Voting Ends: in 3 days 22 hours (from time of this posting).
 
c) The crime for which extradition is sought is of a political nature;

This is way too vague as a limitation on the power of extradition. "Political" to one might not be seen as political to another and vice versa; there needs to be some external standard to achieve this that won't be so subjective. Against.
 
<b>Voting on this resolution has ended.</b>

Thanks to those nations who cast their votes. Your participation is a great help to the region.

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