How to Petition for Extradition
- 1). Look up the extradition treaty with the country in which the fugitive is hiding (the extraditing country). Extradition treaties are largely individually negotiated with each different country (though a small number of multi-lateral, or treaties between more than two countries do exist), and each contains different terms and procedures for extradition between the two countries.
- 2). Verify that the crime for which the fugitive will face trial is in a treaty with the extraditing nation, if one exists. Treaties specify which crimes for which they will extradite criminals. Often a country will not extradite a fugitive if he is wanted for an offense that is not illegal in the extraditing country, crimes that are considered to be of a political or military nature, or if the person to be extradited will face what the extraditing country considers inhumane treatment; countries often define this as torture or the death sentence.
- 3). Draft a petition for extradition for the extraditing country. While an extradition treaty, or the offense for which you are seeking extradition being listed within it, is not the only condition upon which extradition will be granted, it dramatically increases the likelihood that the extradition request will be granted. If your country has an extradition treaty with the extraditing nation it will specify the documentation the country will require for your petition.
- 4). Submit your petition to the governmental organ of the extraditing country that handles foreign affairs. Your petition will be reviewed by both the foreign policy organ and the country's governmental organ for law enforcement in light of the evidence you submit and any treaties that exist between the two countries. They will make a decision to extradite or not.
