Extradition Treaty Between Us And Azerbaijan: What's The Deal?

Extradition is a contentious issue in international law, with no global obligation for countries to hand over wanted criminals. It occurs only when specific, bilateral treaties are in place. The European Convention on Extradition, which has been ratified by 50 countries, provides for the extradition of individuals wanted for criminal proceedings or to serve a sentence. In 2019, Azerbaijan signed the Fourth Additional Protocol to this convention, which amends and supplements a number of provisions to adapt it to modern needs. However, it is unclear whether the US has an extradition treaty with Azerbaijan.

The US and Azerbaijan extradition treaty

The United States and Azerbaijan have no bilateral extradition treaty. However, Azerbaijan has signed and ratified the European Convention on Extradition, to which 50 countries are parties. The convention has been in force in Azerbaijan since 2002.

The European Convention on Extradition provides for the extradition of individuals between parties for criminal proceedings or the carrying out of a sentence. The treaty does not apply to political or military offences, and any party may refuse to extradite its citizens to a foreign country.

In the United States, extradition agreements and treaties are in place to prevent criminals from escaping punishment by fleeing to another state or country. Extradition occurs when specific, bilateral treaties exist between countries. While the US has extradition agreements with many countries, it does not have an extradition treaty with Azerbaijan.

The absence of an extradition treaty between the US and Azerbaijan means that the two countries do not have a formal agreement to exchange or return fugitives or individuals wanted for criminal proceedings. This could potentially allow individuals to evade justice by fleeing to the other country. However, it is important to note that the absence of a bilateral treaty does not necessarily preclude all cooperation in law enforcement matters between the two countries.

Azerbaijan has demonstrated a commitment to international legal cooperation by participating in workshops on extradition and legal assistance. Additionally, the country has taken steps to adapt its extradition practices to modern needs by signing the Fourth Additional Protocol to the European Convention on Extradition in 2019. This protocol amends and supplements the original convention, addressing issues such as lapse of time, requests and supporting documents, and communication channels.

Extradition law in Azerbaijan

Extradition is defined by the UK Home Office as "the return of a wanted criminal from a country where he or she is found, to the country where he or she is accused of, or has been convicted of, a criminal offence". Extradition treaties are formed between two countries to prevent criminals from escaping punishment by fleeing to the other country.

Azerbaijan has been a party to the European Convention on Extradition since 2002. The Convention has been ratified by 50 countries and provides for the extradition of persons wanted for criminal proceedings or to carry out a sentence. The treaty does not apply to political or military offences, and any party may refuse to extradite its own citizens.

In 2019, Azerbaijan signed the Fourth Additional Protocol to the European Convention on Extradition, amending and supplementing the original treaty to adapt it to modern needs. The protocol's provisions relate to issues such as lapse of time, requests and supporting documents, the rule of speciality, transit, re-extradition to a third state, and channels and means of communication.

According to a 1998 UK Foreign Office survey, Britain had extradition agreements with 105 countries, including the 33 signatories of the European Convention on Extradition. Azerbaijan was listed among the 33 countries with which Britain did not have an extradition agreement at that time.

Extradition exceptions

Extradition is the formal process by which a person located in one country is surrendered to another country for trial or punishment. It is conducted between the Federal Government of the United States and the government of a foreign country.

The US currently has extradition treaties with over 100 countries. However, it does not have an extradition treaty with Azerbaijan. In 2019, Azerbaijan signed the Fourth Additional Protocol to the European Convention on Extradition, which has been in force in the country since 2002. This convention has been ratified by 50 countries and provides for the extradition of persons wanted for criminal proceedings or for the carrying out of a sentence.

Even when countries share an extradition treaty, one can block the extradition of a wanted person to another. Extradition exceptions include:

• Dual Criminality: A threshold requirement in extradition, meaning that the conduct for which extradition is sought must be a crime in both the requesting and requested countries.
• Time Limitations: Extradition may be denied if the crime is too stale under the laws of the requested or requesting state, or both.
• Previous Conviction or Acquittal: Extradition may be denied if the fugitive was previously convicted or acquitted of the same conduct in the requested state.
• Military Offenses: Extradition may be denied if the crime is a military offense.
• Political Offenses: Extradition may be denied if the crime is a political offense, although recent treaties provide that this exception will not be applied to certain violent crimes.
• Fiscal Offenses: Some dual criminality treaties allow denial of extradition if the crime is a fiscal (tax) offense.
• Humanitarian Reasons: A few extradition treaties provide that extradition may be denied for humanitarian reasons.
• Death Penalty: If the crime is punishable by the death penalty, most treaties provide that the requested state can deny extradition unless the requesting state gives an assurance that the death penalty will not be imposed or carried out.
• Human Rights Exemptions: Many treaties provide for political and human rights exemptions, which can prevent the extradition of a person who is accused of political crimes or seeking sanctuary in a country that believes the extradition-seeking state will persecute them.
• Refusal by the Requested State: The treaty does not apply to political or military offenses, and any party may refuse to extradite its own citizens to a foreign country.

Extradition process

In 2019, Azerbaijan signed the Fourth Additional Protocol to the European Convention on Extradition, which has been in force in the country since 2002. This treaty provides for the extradition of individuals between the 50 signatory countries for criminal proceedings or to carry out a sentence. However, the treaty does not apply to political or military offences, and any party may refuse to extradite its citizens to a foreign country.

In the United States, extradition law is a collection of federal laws that regulate the formal process of surrendering a fugitive to another country or state for trial, punishment, or rehabilitation. The extradition process in the US can be divided into two phases: the judicial phase and the executive phase. Here is an overview of the extradition process:

Judicial Phase:

• Location and Arrest: Once a person is located and arrested in the requested country, the extradition case enters the judicial phase.
• Judicial Review: A court will determine whether the extradition request meets the requirements of the applicable extradition treaty and the laws of the requested country.
• Judicial Ruling: If the judicial authority rules that the person may be extradited, the case moves to the executive phase.

Executive Phase:

• Executive Authority Decision: During the executive phase, an executive authority of the requested country's government, typically a Prime Minister, Minister of Justice, or Minister of Foreign Affairs (in the US, this is the Secretary of State), will decide whether to surrender the wanted individual.
• Surrender Order: If the executive authority approves the extradition, they may issue a surrender order.
• Appeals: Depending on the country, both the judicial ruling and the executive decision may be subject to multiple levels of appeal.
• Transfer of Custody: Once the requested country is ready to surrender the individual, its authorities will coordinate with the requesting country's authorities to transfer the wanted person in custody.

It is important to note that international extradition in the US is treaty-based, meaning that the US must have an extradition treaty with the requesting country to consider the extradition request. Additionally, only prosecuting authorities can initiate international extradition requests, usually after charges are filed and an arrest warrant has been issued.

Extradition and human rights

Extradition is defined by the Home Office as "the return of a wanted criminal from a country where he or she is found, to the country where he or she is accused of, or has been convicted of, a criminal offence". Extradition treaties are specific and bilateral, and they do not exist between all countries.

In the context of human rights, extradition treaties often include provisions for political and human rights exemptions, which can prevent the extradition of an individual accused of political crimes or seeking sanctuary in a country that believes the extradition-seeking state will persecute them. For example, in November 1998, French authorities refused a British warrant for the extradition of former spy David Shayler on such grounds.

In the United States, extradition can be substituted for deportation, and the surrender of a foreign national or citizen can become a political rather than a judicial process. This has been observed in the efforts of the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy.

The European Convention on Extradition, which has been ratified by 50 countries, including Azerbaijan, provides for the extradition of individuals wanted for criminal proceedings or the carrying out of a sentence. However, it does not apply to political or military offences, and any party may refuse to extradite its citizens to a foreign country.

While extradition can be a means of bringing criminals to justice, it is important to consider the potential for abuse and the protection of individual rights.

Frequently asked questions