• The NationStates server was subjected to a data breach. TNP Forums do NOT interact with the NS servers and remain secure. If you use the same password between the two sites, it is recommended you change your password.

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.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the UN Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
Back
Top