Extradition comes from a compound Latin term that can be translated as "Action to deliver" . This is the process that drives a state authority to send a subject to another nation, letting the authorities of this second State they can develop a judicial process against the individual in question or allowing the person to pay an established penalty in this territory.
This means that a man who is accused or convicted according to the law of a country X , is stopped in a country W and sent (extradited) by the authorities of the latter to be prosecuted or to pay the penalty in the country X .
An example of extradition took place with the former Peruvian president Alberto Fujimori . In 2005 , Fujimori was arrested in Chile , after a request from the Peruvian embassy, under the accusation of corruption and violation of human rights. In September 2007 , the Supreme Court of Chile accepted the extradition request made by Peru and extradited to Fujimori . In conclusion, Fujimori was accused by crimes in Peruvian soil, detained in Chilean territory and extradited to Peru (where he would have committed the illicit).
A State You have the obligation to accept the extradition of a foreign citizen when you have signed a international treaty with the country that requires extradition. If there is no such treaty, the State in question can decide whether or not to accept the extradition of the individual.
In general, extradition treaties request that the State requesting the process be able to prove the existence of a motive to bring the person to trial or sanction. Some treaties also require that the crime that is charged be typified in the criminal legislation of both countries.
Asylum and Extradition
The concepts of asylum and extradition They are closely linked. While the extradition refers to the sending of a person who has committed a certain crime from one State to another, the asylum it is the right that the accused can use to demand that the country you are in protect you ; This right is only plausible for people who have not committed serious crimes and should always be contemplated in the treaties signed between both countries.
Asylum is primarily contemplated for those who have been exiled for political issues, the State that welcomes them assures them of the well-being and legal security of this territory, guaranteeing their psycho-physical-moral integrity.
Between the different countries agreements are signed that regulate this type of circumstances, the objective of these is fundamentally ensure the rights of all citizens to prevent abuse.
Although both concepts are confronted because, while one tries to protect the wanted individual, the other raises the option of sending it to the State where he has committed the crime, thanks to the provisions of the International right, it is tried to take an adequate regulation of these cases. Thus, it is assumed that what is resolved will always be in favor of justice. It is worth mentioning that said decree does not protect those who have committed illegal acts and therefore advocates extradition in these cases, however study and follow up so that extradited citizens receive fair treatment and can make use of their civil rights.
Finally, it is worth mentioning that there is an organism called International Amnesty that is constantly investigating about this type of actions and that ensures the safety of people around the world, carefully analyzing especially those decisions taken by states around his political prisoners.