Belize's Extradition Policy: What You Need To Know

Belize has an extradition treaty with the United States, which was signed in March 2000. The treaty outlines the procedures for requesting and processing extradition between the two countries, including the specific offenses for which extradition may be granted. The Belize Extradition Act 2000 details the powers and responsibilities of the relevant authorities in Belize regarding the surrender of fugitive criminals. It is worth noting that while extradition treaties provide a framework for cooperation between countries, they are not legally binding, and the likelihood of extradition depends on diplomatic relations and other factors.

The Extradition Treaty between Belize and the US

The treaty defines an extraditable offense as one that is punishable under the laws of both countries by deprivation of liberty for over a year or by a more severe penalty. It includes a non-exhaustive list of 40 of the most common extraditable offenses, such as money laundering, intellectual property, environmental, tax, immigration, and terrorism offenses. The treaty also establishes procedures for extradition requests, including requirements for supporting documentation, and sets out administrative provisions for bearing costs and legal representation.

The treaty further provides for the temporary and deferred surrender of persons wanted for prosecution or serving a sentence in the requested state, and addresses the seizure and surrender of property connected to the offense for which extradition is requested. It also incorporates the rule of specialty, which ensures that an extradited individual will only be prosecuted for the offense for which extradition was granted, unless certain exceptions apply.

Additionally, the treaty includes a political and military offense exception, allowing for the refusal of extradition for certain offenses, such as crimes against a Head of State. It also addresses the issue of capital punishment, permitting the requested state to refuse extradition if the offense is punishable by death in the requesting state but not in the requested state, unless sufficient assurances are provided.

The treaty also contains provisions for provisional arrest, decision and surrender, transit, representation, and expenses. It is applicable to offenses committed before and after the date of its entry into force, provided that the offense was considered a crime under the laws of both countries at the time of its commission.

Finally, the treaty includes standard clauses for ratification, entry into force, and termination, with a six-month notice period required for termination.

Extradition Act 2000

The Extradition Act 2000 is a treaty between the Government of the United States of America and the Government of Belize, signed at Belize on March 30, 2000. The treaty was ratified by the US Senate on October 18, 2000.

The treaty covers the extradition of persons wanted for prosecution or convicted of an extraditable offence by the requesting state's authorities. The treaty also covers the extradition of persons wanted for carrying out a sentence or detention order.

The treaty obligates the parties to extradite to each other, pursuant to the provisions of the treaty, persons sought for prosecution or convicted of an extraditable offence. The treaty defines an extraditable offence as one that falls within any of the descriptions listed in the Schedule annexed to the treaty, or any other offence, provided that in either case the offence is punishable under the laws in both states by deprivation of liberty for a period of more than one year or by a more severe penalty.

The treaty also covers the following:

• Extradition and Criminal Assistance
• Extraditable Offences
• Political Offences
• Military Offences
• Fiscal Offences
• Extradition of Nationals
• Place of Commission
• Pending Proceedings for the Same Offences
• Non bis in idem
• Lapse of Time
• Capital Punishment
• The Request and Supporting Documents
• Supplementary Information
• Rule of Speciality
• Re-extradition to a Third State
• Provisional Arrest
• Conflicting Requests
• Surrender of the Person to be Extradited
• Postponed or Conditional Surrender
• Handing over of Property
• Transit
• Procedure
• Language to be Used
• Expenses
• Definition of "Detention Order"
• Reservations
• Territorial Application
• Relations between this Convention and Bilateral Agreements
• Signature, Ratification and Entry into Force
• Denunciation
• Notifications

Fugitive criminals

The Extradition Treaty between the United States of America and Belize, signed on March 30, 2000, outlines the process for provisional arrest. A request for provisional arrest may be made through diplomatic channels or directly between the US Department of Justice and the Attorney General in Belize. The request must include the information outlined in Article 9(2) of the treaty, including a description of the person, the facts of the case, and any available information concerning the location of the person.

If a request for provisional arrest is granted, the requesting state must be advised promptly of the outcome. If the request is denied, the requesting state must be informed of the reason for the denial.

A fugitive who has been provisionally arrested may be released from custody if a fully documented request for extradition is not received within 60 days of the arrest. However, the extradition proceedings may be recommenced if the formal request is received at a later date.

The treaty also outlines the procedures for the extradition decision and surrender of the fugitive. Once a request for extradition has been granted, the requested state must promptly notify the requesting state through diplomatic channels. If extradition is denied, the requested state must provide an explanation for the denial. If extradition is granted, the relevant authorities of both states must agree on a time and place for the surrender of the fugitive.

The requested state must remove the fugitive from its territory within the time prescribed by the law of that state; otherwise, the fugitive may be discharged from custody, and the requested state may subsequently refuse extradition for the same offense.

Extradition procedures and required documents

The Extradition Treaty between the Government of the United States of America and the Government of Belize, signed in 2000, outlines the procedures and documents required for extradition between the two countries. Here are the key provisions:

Procedures:

• All requests for extradition must be submitted through the diplomatic channel.
• The requesting state must provide evidence describing the identity and probable location of the person sought, the facts of the offense, and the procedural history of the case.
• The request must also include evidence of the laws describing the essential elements of the offense, the punishment for the offense, and any time limits on the prosecution.
• If the person is being sought for prosecution, additional evidence justifying their committal for trial is required, as if the offense had been committed in the requested state.
• The requested state has the right to deny the request if it believes the evidence is insufficient under its laws.
• The requested state must promptly notify the requesting state of its decision on the extradition request and provide reasons for any denial.
• If the extradition is granted, the authorities of both states must agree on the time and place for the surrender of the person.
• The person must be removed from the territory of the requested state within the time prescribed by the law of that state; otherwise, they may be discharged from custody, and the requested state may subsequently refuse extradition.

Required Documents:

• Documents, statements, or other evidence describing the identity and probable location of the person sought.
• Evidence describing the facts of the offense and the procedural history of the case.
• Evidence of the laws describing the essential elements of the offense, the punishment for the offense, and any time limits on the prosecution.
• If the person is sought for prosecution:
• A copy of the warrant or order of arrest issued by a judge or competent authority of the requesting state.
• A document setting forth the charges.
• If the person has been convicted of the offense:
• A copy of the judgment of conviction or a statement by a judicial authority confirming the conviction.
• Evidence establishing the identity of the person sought.
• A copy of the sentence imposed and a statement on the extent to which it has been carried out.

Extradition requests from multiple states

Extradition is the formal process by which a fugitive found in one state or country is surrendered to another for trial, punishment, or rehabilitation. Extradition can occur in one of two ways: between two states (interstate extradition) or between two countries (international extradition). Both processes operate under similar principles, but the procedures differ.

Interstate extradition is governed by federal law in the United States. The Extradition Clause of the U.S. Constitution (Article IV, Section 2) requires that:

> "A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."

The Uniform Criminal Extradition Act (UCEA) contains requirements and guidelines about extradition and has been adopted by all states except South Carolina and Missouri. The extradition process begins when there is probable cause to issue an out-of-state arrest warrant, usually when a person fails to attend a court date or is believed to have fled. The information is entered into the National Crime Information Center (NCIC), a nationwide database for warrant information. If the fugitive is arrested, the arresting authorities notify the state that issued the warrant. The governor of the original state may then request the fugitive's return, known as a requisition. Upon the issuance of a governor's warrant, the fugitive can either waive extradition or attempt to fight it through a writ of habeas corpus. If both governors approve the request, they will hold an extradition hearing, and a court in the state with the fugitive will decide whether to grant or deny extradition.

International extradition is treaty-based, meaning the United States must have an extradition treaty with the requesting country to consider the request. The extradition process is comprised of a judicial and an executive phase. After a person has been located and arrested in the requested country, the case enters the judicial phase, where a court determines whether the extradition request meets the requirements of the applicable extradition treaty and the law of the requested country. If the judicial authority rules that the person may be extradited, the case enters the executive phase, where an executive authority of the requested country's government decides whether to surrender the wanted person. Depending on the country, both the judicial ruling and the executive decision may be subject to multiple levels of appeal.

In the case of extradition requests from multiple states, the U.S. Constitution's Extradition Clause requires states to deliver a fugitive from justice who has committed treason, felony, or another crime to the state from which they fled. The requesting executive must produce a copy of an indictment or an affidavit made before a magistrate, charging the fugitive with the relevant crime. The executive receiving the request must then cause the fugitive to be arrested and notify the requesting executive authority. An agent of the requesting state must appear to receive the prisoner within 30 days of the arrest, or the prisoner may be released.

The U.S. Supreme Court has held that the governor of an asylum state has no discretion in performing the duty to extradite and that a federal court may enforce this duty. There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition: if the extradition documents are not in order, the person has not been charged with a crime in the requesting state, the person is not the one named in the documents, or the person is not a fugitive.

Frequently asked questions