Both the Extradition Act and the contract contain a condition of probable death: extradition is permitted only if there is probably reason to believe that the requested person has committed the offending offence (or that there is sufficient evidence that the requested person is the person who has already been convicted of the offence by a court in the requesting country).12 An extradition request must be accompanied by certain documents. including a statement of facts as well as “evidence which, under the laws of the requested Party, gives probable cause to believe that the requested person has committed the offence for which extradition is requested”. 13 In addition, extradited persons, with limited exceptions, may be prosecuted and punished only for the offence for which extradition has been granted. (However, this provision does not apply to offences committed by an extradited person after extradition.) 14 “I am very satisfied with the content of the Lexology news feeds. It`s a centralized way to get legal updates from many jurisdictions, and a great way to stay up to date with minimal time. Although only a handful of decisions issued by the Tokyo Supreme Court deal with extradition, the Court of Justice does not appear to distinguish between case employees and other defendants involved in extradition.22 Moreover, it is unclear whether the Tokyo Supreme Court distinguishes between Japanese nationals and other nationalities when considering an extradition request. While it is possible that the Tokyo Supreme Court will be lenient for Japanese nationals, the court has waived the right to mention the nationality of the defendants in publicly available notices. The men`s lawyers, including former Trump White House lawyer Ty Cobb, said Thursday they were also calling on State Department and White House officials to block extradition. The lawyers were informed in a letter they received this week while Secretary of State Mike Pompeo was in Asia, that Deputy Foreign Minister Stephen Biegun had authorized the extradition. The consensus in international law is that a State is not obliged to surrender an alleged criminal to a foreign State, because a principle of sovereignty is that each State has legal authority over persons within its borders. The absence of international obligations and the desire for the right to demand such criminals from other countries have led to the development of a network of extradition contracts or agreements.
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Posted Sep 19th, 2021