Belize's Extradition Exception: A Country Without It?

Belize is not a country with no extradition. In fact, Belize has an extradition treaty with the United States, which was signed on March 30, 2000, and came into force in 2002. The treaty outlines the conditions under which Belize is obligated to extradite individuals to the US and vice versa. The treaty covers a range of offenses, including terrorism, drug trafficking, and money laundering. It also includes provisions for provisional arrest, temporary surrender, and the rule of speciality, which ensures that an extradited individual will only be tried for the offense for which they were extradited.

Belize has an extradition treaty with the US, signed in 2000

The treaty covers extradition for prosecution or conviction of an extraditable offence. It includes a 'dual criminality' clause, which means that extradition may be granted for any offence that is punishable by imprisonment of at least one year in both the US and Belize. The treaty also covers extradition for conspiracy to commit an offence, or for aiding or abetting an offence.

The treaty also covers extradition for offences committed outside the territory of the requesting state, if the laws in the requested state provide for the punishment of an offence committed outside its territory in similar circumstances.

The treaty includes a political and military offence exception, and allows for the temporary surrender of a person wanted for prosecution who is serving a sentence in the requested state. It also includes a rule of speciality, which is designed to ensure that a fugitive surrendered for one offence is not tried for other crimes.

The treaty covers extradition for a wide range of crimes, including money laundering, racketeering, and terrorism

The Extradition Treaty between the United States of America and Belize, signed at Belize on March 30, 2000, covers extradition for a wide range of crimes, including money laundering, racketeering, and terrorism. The treaty was signed by President Clinton and transmitted to the Senate for its advice and consent to ratification. The treaty is one of a series of modern extradition treaties being negotiated by the United States to counter criminal activities more effectively.

The treaty covers extradition for any offense punishable under the laws in both the United States and Belize by deprivation of liberty for a period of more than one year or by a more severe penalty such as capital punishment. The treaty includes a non-exhaustive list of 40 of the most common extraditable offenses, including money laundering, racketeering, and terrorism. The list was included at the insistence of the Belizean delegation, which expressed concern that the complete absence of an agreed list would greatly burden Belizean judges and slow the extradition process.

The treaty also establishes that extradition shall be granted for attempting or conspiring to commit, aiding or abetting, counseling or procuring the commission of, or otherwise being an accessory before or after the fact to, an extraditable offense. This is significant because conspiracy charges are frequently used in United States criminal cases, particularly those involving complex transnational criminal activity.

The treaty also includes a provision for the extradition of fugitives who have committed extraterritorial offenses. The United States recognizes jurisdiction to prosecute offenses committed outside of the United States if the crime was intended to, or did, have effects in the country. Belize, however, did not recognize extraterritorial jurisdiction over offenses at the time of the treaty's negotiation. The U.S. delegation agreed to the text of Article 2(4), which provides that extradition shall be granted for such offenses if Belize could punish an offense committed outside of its territory in similar circumstances.

The treaty does not cover extradition for political crimes, including crimes against a Head of State

The Extradition Treaty between the United States of America and Belize, signed in 2000, outlines the conditions under which a person may be extradited between the two countries. While the treaty enhances cooperation between law enforcement agencies and facilitates the apprehension of fugitives, it does not cover extradition for political crimes.

Political crimes, as per the treaty, refer to offences of a political character or those committed in the pursuit of political aims. This includes crimes against a Head of State, such as murder or other willful acts. The treaty specifically mentions that extradition shall not be granted for such offences, providing an exception for political offenders.

The concept of excluding political crimes from extradition is not new. In fact, it constitutes a significant shift from the original purpose of extradition, which initially focused solely on the repatriation of political or religious criminals. Over time, international attitudes evolved, and the first formal exclusion of political offenders from extradition treaties was introduced by Belgium in 1833. This marked a pivotal moment, with countries like France, the United States, and England following suit.

The political offence exception in the Belize-US treaty aligns with this global trend. However, it is important to note that the treaty also includes specific categories of offences that fall outside the scope of the political offence exception. These include crimes for which both countries have an obligation to extradite under a multilateral international agreement, such as the Convention for the Suppression of Unlawful Seizures of Aircraft. Additionally, the treaty specifies that conspiracy or attempts to commit such crimes, or aiding and abetting in their commission, are also exempt from the political offence exception.

While the treaty provides a framework for addressing extradition requests, it is not the sole determining factor. The decision to extradite ultimately lies with the executive authority of the requested state, who assesses the nature of the crime and the motivations behind the request.

The treaty does not cover extradition for military crimes that are not also considered criminal offences

Military crimes are generally excluded from extradition treaties. The extradition treaty between the United States and Belize, which entered into force in 2001, is no exception. Article 4 of the treaty outlines the political and military offense exception to the obligation to extradite.

Article 4(1) of the treaty states that extradition shall not be granted for political offenses. Article 4(2) specifies three categories of offenses that shall not be considered political offenses:

• A murder or other willful crime against a Head of State of one of the States parties, or a member of such person's family.
• An offense for which both States have the obligation to extradite the person sought or to submit the case to their respective competent authorities for decision as to prosecution.
• A conspiracy or attempt to commit any of the foregoing offenses, or aiding or abetting a person who commits or attempts to commit such offenses.

Article 4(3) further provides that, despite the three exceptions in Article 4(2), extradition shall not be granted if the executive authority of Belize determines that the request was politically motivated. Article 4(4) states that extradition may be denied for offenses under military law that are not offenses under ordinary criminal law (e.g., desertion).

Therefore, the extradition treaty between the United States and Belize does not cover extradition for military crimes that are not also considered criminal offenses.

The treaty does not cover extradition for crimes that have passed the statute of limitations

The Extradition Treaty between the United States of America and Belize, signed on March 30, 2000, states that extradition shall not be denied because of the prescriptive laws of either the Requesting State or the Requested State. This means that extradition will not be denied because of the statute of limitations in either the Requesting State or the Requested State.

The treaty further states that a claim that the statute of limitations has expired is best resolved by the courts of the Requesting State after the fugitive has been extradited. The Belizean delegation also stated that, under the laws of Belize, the prosecution of felonies is never barred by a statute of limitations, except with regard to certain customs and income tax offenses, which are controlled by a six-year limitations period.

The treaty also includes a provision for the temporary surrender of a person wanted for prosecution in the Requesting State who is being prosecuted or is serving a sentence in the Requested State. A person temporarily transferred pursuant to this provision will be returned to the Requested State at the conclusion of the proceedings in the Requesting State. Such temporary surrender furthers the interests of justice in that it permits trial of the person sought while evidence and witnesses are more likely to be available, thereby increasing the likelihood of successful prosecution.

The treaty also addresses the situation when requests are made by different countries for extradition of the same person. The article grants the executive authority of the Requested State the authority to determine which country will receive the fugitive. For the United States, the Secretary of State makes this decision. In Belize, the Ministry of Foreign Affairs is the "executive authority" under the Treaty.

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