Extradition is a form of international cooperation where countries hand over individuals suspected of committing criminal offenses to other countries for trial or to serve their sentence. However, the laws of some countries guarantee protection against the extradition of its citizens or foreigners due to the absence of extradition agreements.
Such non-extradition countries include China, the UAE, Saudi Arabia, Venezuela, and many others. But even in these countries, there are exceptions. Often, the fate of extradition depends on political will and diplomatic relations between countries.
What is extradition?
Extradition is the process of handing over criminals or suspects to another country to face legal action. For individuals to be transferred between countries, there must be an official extradition treaty signed. Subsequently, such individuals will be subject to criminal prosecution or to serve their court sentences.
Every country has the right not to extradite criminals if there no formal extradition treaties between the states. However, having a valid extradition treaty means there’s a legally binding agreement to hand over suspects or criminals to the law enforcement agencies of the requesting country.
The extradition process includes several stages:
- Extradition request: the state where the crime was committed requests a foreign country to hand over the individual.
- Legal review: a court or competent authority of the country examines the legality and justification of the request.
- Decision: if all conditions are met, the decision to transfer the individual is made.
However, a country can refuse extradition for a number of reasons, including the political nature of the crime, the risk of human rights violations, or the absence of an extradition treaty between countries.
Crimes requiring extradition
If there’s an extradition treaty between two countries, it clearly specifies the crimes for which a suspect can be handed over. However, this can only happen for crimes punishable by imprisonment for more than one year or a more severe penalty in both countries.
A person can only be extradited to serve a sentence if they have been sentenced to imprisonment for at least six months or received a harsher punishment.
In most cases, extradition requests are approved for the following crimes:
- Crime against national security;
- Corruption schemes;
- Major financial schemes like money laundering
- Drug charges;
- Human trafficking.
If the foreign country requesting extradition has the death penalty, but the requested country does not, then extradition will not be carried out if there’s a possibility that the death sentence could be executed.
What are countries with no extradition?
Every migrant has probably wondered at some point which countries don’t have extradition laws. A non-extradition country is a state that haven’t signed extradition treaties with other nations or intentionally avoid fulfilling such agreements. If someone suspected or convicted of a crime ends up in one of these countries, it would be difficult or even impossible to extradite them back to the country where the crime was committed.
There are several reasons why some countries lack extradition treaties or refuse to comply with them:
- Protection of foreigners persecuted for political reasons;
- Diplomatic disagreements or special policies regarding foreign offenders;
- A ban on extraditing its own citizens for their protection, even if there is an extradition agreement in place.
Let’s look at the list of non-extradition countries:
- Bahrain;
- Venezuela
- Qatar;
- Kingdom of Bhutan;
- Kuwait;
- China;
- Cuba;
- Israel;
- Iran;
- United Arab Emirates;
- United Kingdom;
- Solomon Islands;
- Sahrawi Arab Democratic Republic;
- Saudi Arabia;
- Free Kashmir;
- North Korea;
- Republic of Kosovo;
- Russia;
- Turkish Republic of Northern Cyprus;
- Oman;
- Cook Islands and Niue.
However, even in such countries, extradition is possible based on individual agreements. Some non-extradition countries also have such strong diplomatic relations with most of the world that they can obtain permission to extradite a criminal even without a bilateral extradition agreement.
Countries without extradition treaties
Several countries don’t have bilateral extradition agreements with other nations. This makes it difficult to transfer individuals wanted for criminal offenses. Such non-extradition countries often become safe havens for those trying to evade legal consequences for their actions.
Such countries include:
- Russia;
- China;
- Saudi Arabia;
- United Arab Emirates (UAE);
- Iran;
- Cuba;
- North Korea;
- Venezuela;
- Oman;
- Kuwait.
Even though these countries don’t have formal extradition treaties, individuals can be surrendered through diplomatic arrangements or based on individual requests.
Countries with partial extradition
Some countries enter into partial extradition treaties. In such cases, extradition is only possible under certain conditions. Restrictions may be related to the type of crime, the countries involved, the nationality of the individual, or human rights guarantees.
Some countries do not extradite their citizens, even if there are extradition treaties with certain countries. Some countries may require the requesting state to provide assurances that the extradited individual will not be subjected to the death penalty, torture, or other human rights abuses.
Few countries have partial extradition, including:
- France;
- Brazil;
- Spain;
- Germany;
- Mexico.
Countries with limited extradition
Countries with limited extradition enter into agreements that allow for the transfer of individuals only for a narrow range of crimes. The main offenses for which extradition is typically permitted in such countries include:
- Terrorism;
- Drug trafficking;
- Violent felonies;
- Corruption and financial crimes.
Examples of countries with partial non-extradition treaties include:
- UAE (United Arab Emirates)
- Saudi Arabia;
- China;
- India;
- Russia.
Extradition Laws in Different Countries
Extradition usually happens based on bilateral or multilateral treaties between countries. States that don’t have an agreement often don’t carry out extradition or do so on a case-by-case basis through special arrangements.
In some countries, extradition is only possible on the basis of reciprocity, where a state agrees to extradite a criminal if the other country provides similar cooperation. For example, the UK and European countries have mutual extradition agreements under the European Arrest Warrant (EAW).
One of the key principles of extradition is dual criminality. The crime for which a person is pursued must be recognized as a criminal offense in both the requesting country and the country carrying out the extradition.
Some countries, like Russia and Brazil, do not extradite their own citizens, even if there are agreements with other nations.
If you have any questions about extradition or need qualified legal assistance, our lawyers are ready to provide consultation and support. We’ll help you understand the complexities of international law and ensure your rights are protected during the extradition process.
Countries Not Subject to Extradition to the U.S.
The US maintains many extradition treaties with foreign countries globally. However, there are a few nations with which it does not have such agreements. The absence of extradition treaties complicates the process of extraditing individuals who are evading the legal consequences of their crimes.
Main countries that do not have an extradition treaty with the US:
- China;
- Russia;
- UAE;
- Saudi Arabia;
- Vietnam;
- Kuwait;
- Iran;
- Qatar;
- North Korea;
- Belarus;
- Brunei;
- Bahrain;
- Montenegro;
- Ukraine;
- Moldova
- Tunisia;
- Vanuatu;
- Ecuador
- Ethiopia
- Cambodia;
- Mongolia.
- Uganda.
While these countries may provide sanctuary to people looking to avoid extradition, such choices have complex legal, national security agency and diplomatic consequences. Reach out to us for a consultation to get professional legal assistance with complex international matters.
Countries Not Subject to Extradition to the United Kingdom
Some countries around the world don’t have extradition treaties with the UK. Because of this, Britain can’t automatically demand the handover of suspects or wanted individuals. The lack of such agreements can make it difficult to bring offenders back to Britain for trial or to serve their sentences.
Key countries without an extradition treaty with the United Kingdom:
- China;
- UAE;
- Kuwait;
- Vietnam;
- Saudi Arabia;
- Qatar;
- Mongolia;
- Bahrain;
- North Korea;
- Somalia;
- Afghanistan;
- Syria;
- Algeria;
- Libya;
- Iraq.
These countries have either never entered into extradition treaties with the United Kingdom, or they have political or legal restrictions that prevent extradition.
Countries Not Subject to Extradition to Australia
Australia has extradition agreements with many countries around the world, but there are some countries with which it does not have such agreements.
Countries that do not have an extradition treaty with Australia:
- China;
- Russia;
- UAE;
- Saudi Arabia;
- Iran;
- Kuwait;
- North Korea;
- Bahrain;
- Syria;
- Vietnam;
- Malaysia;
- Indonesia;
- Iraq.
Countries Not Subject to Extradition to India
Countries that do not have an extradition treaty with India:
- China;
- UAE (United Arab Emirates);
- Saudi Arabia;
- Malaysia;
- Thailand;
- Indonesia;
- Iran;
- Nepal;
- Myanmar;
- Oman;
- North Korea;
- Bahrain;
- Afghanistan;
- Iran.
If you need legal advice on extradition matters, our international extradition attorneys are ready to provide professional assistance.
Expat countries
An expatriate is someone who lives temporarily or permanently in a country other than their homeland. The key difference between expats and immigrants is that immigrants try to assimilate and integrate into the new country as quickly as possible. Meanwhile, expatriates often live separately or in groups with their fellow countrymen, maintaining their own culture and identity.
Expatriation is a common practice among individuals seeking legal and political protection from persecution in their home country. Some countries offer favorable conditions for expatriates, especially when it comes to avoiding extradition for political, economic, or legal reasons.
Countries for expatriation are chosen based on the following criteria:
- Lack of extradition treaties;
- Political asylum for individuals persecuted for political reasons, who face unfair trials, torture, or the death penalty in their home country;
- Civilian protection.
Key countries chosen for expatriation:
- Russia: The state does not extradite its citizens and often refuses to extradite suspects to foreign countries for political or legal reasons. This non-extradition country is ideal for anyone looking to safely disappear to avoid legal consequences.
- China: Laws prohibit the extradition of its own citizens. Additionally, the country does not have a formal extradition agreement with many Western countries;
- UAE: often protects foreigners from extradition, especially when it involves highly skilled individuals or businesspeople;
- Venezuela: Due to political tensions with many Western countries, Venezuela often refuses to cooperate on extradition matters;
- Cuba has a long history of providing asylum to individuals seeking protection from extradition, refusing to hand over suspects to American law enforcement agencies;
- Iran: does not participate in extradition processes due to the lack of diplomatic relations with other countries;
- Qatar: offers favorable conditions for expatriates, especially for those pursued for political or financial reasons.
If you’re looking for protection against extradition or legal advice on expatriation, our attorneys are ready to help. We have extensive experience in international matters and will help protect your rights.
Criteria for an extradition request
- Having an extradition agreement. An extradition request is only made if there is a bilateral or multilateral treaty between the countries. The agreement outlines the conditions under which a suspect can be handed over;
- Dual criminality. The crime for which a person is accused must be considered a criminal offense in both the requesting country for extradition and the country surrendering the suspect. The act must be recognized as a crime in both jurisdictions;
- The seriousness of the offense. Extradition requests typically involve serious offenses such as murder, terrorism, corruption, fraud, or drug trafficking. Crimes that are not significant or pose a low level of public danger may not meet the criteria for extradition;
- Ban on political crimes. Countries refuse to extradite individuals accused of political crimes. This can apply to situations where the charges are linked to political motives, repression, or activities against the state regime;
- Human rights protection. Countries often refuse to extradite individuals if there are serious reasons to believe that they will be subjected to torture, inhumane treatment, or unfair trials;
- Non Bis In Idem. If a person has already been tried or acquitted for a crime, extradition can be denied. This principle prohibits prosecuting someone twice for the same crime.
The Role of Interpol Lawyers
Lawyers protect the rights of individuals facing international arrest warrants and extradition requests. Their work focuses on analyzing the legality of these requests, defending human rights, and interacting with international bodies.
Key Functions of Lawyers in Extradition Cases:
- Evaluating the Legitimacy of Interpol’s “Red Notice”. Lawyers are meticulously analyzing the legality of this notice, checking its compliance with Interpol’s statutes;
- Protection against abuse. Extradition requests can be used for political persecution or in cases where the individual won’t receive a fair trial. Lawyers work to protect their client from such abuses by highlighting potential human rights violations;
- Representing interests in legal proceedings. Extradition processes can last for years and involve multiple stages of case review in courts. Lawyers prepare well-founded statements against extradition based on international law and national laws;
- Consultations on extradition agreements. Different countries have their own extradition treaties. Lawyers help navigate the legal implications of specific agreements and assess the best way to protect the client.
If you need assistance with extradition, our attorneys are ready to provide professional advice and protect your rights.
Looking for legal advice?
If you’re facing complex legal issues in the realm of extradition or international law, reaching out to a qualified lawyer is a crucial first step in protecting your rights. Extradition is a complex legal procedure that requires a precise understanding of international agreements, national laws, and political aspects.
Experienced lawyers will help you navigate the complexities of the extradition process. Professional consultation will allow you to assess all the risks and prospects of your case.
Our lawyers have years of experience working with international bodies like Interpol and are ready to help protect your interests. If you’re looking for professional assistance with complex extradition issues, reach out to us for a consultation. We’ll help you find the best solution for your situation and ensure the strongest defense of your rights.