Belize: Extradition Treaty Partner?

Belize is an extradition country. The Extradition Treaty between the Government of the United States of America and the Government of Belize was signed on March 30, 2000, and entered into force on January 1, 2001. The treaty covers offenses committed before and after the date it entered into force, and it replaces the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, which was signed on June 8, 1972, and entered into force on October 21, 1976.

The treaty establishes that Belize must extradite individuals to the US who are wanted for prosecution or have been convicted of an extraditable offense. An extraditable offense is one that falls within the 40 most common offenses listed in the treaty or any offense punishable by more than one year of imprisonment under the laws of both the US and Belize. The treaty also includes provisions for the provisional arrest and detention of individuals, the procedures for extradition requests and required documents, the rule of specialty, and the transit of individuals through the territory of one state.

Extradition treaties

The Extradition Treaty between the Government of the United States of America and the Government of Belize was signed on March 30, 2000. The treaty is one of a series of modern extradition treaties being negotiated by the United States to counter criminal activities more effectively. It enhances cooperation between the law enforcement communities of the two countries and makes a significant contribution to international law enforcement efforts against serious offences, including terrorism, organised crime, and drug-trafficking offences.

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 by requesting state authorities. It establishes the procedures and describes the documents that are required to support a request for extradition. It also sets forth procedures for the provisional arrest and detention of the person sought in cases of urgency, pending presentation of the formal request for extradition.

The treaty provides that extradition shall not be refused on the ground of the nationality of the person sought. It also incorporates a political and military offence exception to the obligation to extradite. It bars extradition when the person sought has been convicted or acquitted in the requested state for the same offence, but does not bar extradition if the authorities in the requested state have either declined to prosecute or have decided to discontinue criminal proceedings against the person sought for the same offence for which extradition is requested.

The treaty establishes the coverage of such key offences as operating a continuing criminal enterprise, racketeering, money laundering and firearms offences. It also provides that extradition shall not be denied because of the prescriptive laws (e.g. statute of limitations) of either state.

The treaty is applicable to offences committed before as well as after the date the treaty enters into force, provided that extradition shall not be granted for an offence committed before the treaty enters into force which was not an offence under the laws of both states at the time of its commission.

The treaty contains final clauses dealing with the treaty's ratification and entry into force. It provides that the treaty is subject to ratification and that the treaty shall enter into force upon the exchange of instruments of ratification, which is to take place as soon as possible. Upon entry into force, the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, signed at London, June 8, 1972, shall cease to have any effect between the United States and Belize.

Extraditable offenses

The Extradition Treaty between the Government of the United States of America and the Government of Belize, signed at Belize on March 30, 2000, defines extraditable offenses as those punishable under the laws of both the United States and Belize by deprivation of liberty for a period of more than one year or by a more severe penalty. This includes:

• Any offense that falls within the descriptions listed in the Schedule annexed to the Treaty, which is an integral part of the Treaty.
• Any other offense, provided that it is punishable under the laws of both the United States and Belize by deprivation of liberty for a period of more than one year or by a more severe penalty.
• An attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to, any offense described in the Schedule.
• Offenses committed outside the territory of the Requesting State, provided that the laws in the Requested State provide for the punishment of an offense committed outside its territory in similar circumstances.
• Any other offense specified in the request that does not meet the minimum deprivation of liberty requirement, provided that all other requirements for extradition are met.

Nationality

The Extradition Treaty between the Government of the United States of America and the Government of Belize, signed at Belize on March 30, 2000, states that extradition shall not be refused on the ground of the nationality of the person sought. This means that Belize, as a common-law country, has no domestic legal bar to extraditing its nationals. However, until 5 years ago, Belize refused to extradite its nationals. Article 3 of the Treaty would ensure that Belize could not revert to this prior practice.

Political and military offenses

Belize is a common-law country with no domestic legal bar to extraditing its citizens. However, until five years ago, it refused to extradite its nationals. Article 3 of the Extradition Treaty with Belize would ensure that Belize could not revert to this prior practice.

Article 4 of the Treaty incorporates a political and military offense exception to the obligation to extradite. Article 4(1) states that extradition shall not be granted for political offenses. However, Article 4(2) specifies three specific 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 a person's family.
• An offense for which both States have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their respective competent authorities for a decision on 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.

Additionally, Article 4(3) states that extradition shall not be granted if the executive authority of the Requested State determines that the request was politically motivated. Article 4(4) provides that extradition may be denied for offenses under military law that are not offenses under ordinary criminal law, such as desertion.

The Treaty with Belize does not contain a death penalty restriction, and it is similar to other extradition treaties with Caribbean countries approved by the Senate in 1998. The Treaty is a significant step forward in United States efforts to secure the cooperation of countries in combating organized crime, transnational terrorism, and international drug trafficking.

Capital punishment

Belize has not carried out an execution since 1985, when Kent Bowers was hanged for murder. However, capital punishment remains a possible legal punishment in the country.

The Extradition Treaty between the Government of the United States of America and the Government of Belize, signed in 2000, does not contain a death penalty restriction. This means that the United States can extradite fugitives to Belize even if they face the possibility of capital punishment.

In 2016, a BBC World Service video and radio programme followed the work of The Death Penalty Project in Belize, and how their legal victories there have helped save lives across the globe.

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