From our law firm in the Plurinational State of Bolivia, we present an updated guide to help identify the countries with which current extradition agreements exist and the main international instruments that regulate this matter.
What Is Extradition and Why Is It Important?
Extradition is a cooperation procedure between States through which a person wanted by the justice system may be surrendered to the country requesting them, either to be tried or to serve a sentence.
How Is the Existence of an Extradition Treaty Determined?
The existence of a bilateral or multilateral treaty is one of the most important elements in processing an extradition request. When there is no specific agreement, some States may rely on the principle of international reciprocity, through which they offer the same treatment they expect to receive in similar situations.
Therefore, before initiating any international procedure, it is advisable to verify whether a current instrument exists between both countries.
Countries with Current Bilateral Extradition Treaties
There are currently extradition treaties signed with the following States:
Argentina
There is a bilateral treaty that regulates the procedures for the surrender of persons required by the judicial authorities of both countries.
Brazil
Cooperation between both States includes specific mechanisms for requesting, reviewing and executing extraditions.
Belgium
The bilateral relationship includes a treaty that allows extradition requests to be processed under previously established conditions.
Chile
Both countries have an international instrument that regulates the surrender of persons claimed by the justice system.
Ecuador
There is a bilateral treaty that facilitates judicial cooperation in extradition matters.
Spain
Judicial authorities may channel extradition requests under the agreement currently in force between both States.
United States of America
Judicial cooperation includes a specific treaty for the extradition of persons required by the justice system.
England / United Kingdom
There is an international agreement that regulates extradition between both States.
Italy
International legal cooperation in criminal matters is supported by a bilateral extradition treaty.
Mexico
Both countries have a modern treaty that establishes procedures and requirements for the surrender of requested persons.
Paraguay
There is a bilateral instrument that regulates cooperation in extradition matters.
Peru
The legal relationship between both States includes a specific treaty for processing extraditions.
Portugal
Bilateral cooperation includes provisions related to extradition within a current international treaty.
Venezuela
There is a bilateral agreement that regulates requests for the surrender of persons required by the competent authorities.
Applicable Multilateral Agreements
In addition to bilateral treaties, there are international instruments that may serve as a legal basis for an extradition request when the States involved are parties to them.
MERCOSUR Extradition Agreement
This instrument facilitates cooperation among Member States and Associated States that are part of the regional system.
United Nations Conventions
Certain international conventions related to transnational organized crime, corruption and illicit drug trafficking provide international cooperation mechanisms that may serve as a basis for extradition requests in specific circumstances.
What Happens If There Is No Extradition Treaty?
The absence of a treaty does not necessarily mean that extradition is impossible. In some cases, States may process requests based on the principle of international reciprocity.
Under this criterion, a State expresses its willingness to grant legal cooperation while expecting equivalent treatment if a similar situation arises in the future.
However, the feasibility of this mechanism will depend on the domestic legislation of the requested State and the assessment made by its competent authorities.
Authorities Involved in Extradition Procedures
Extradition requests usually involve the coordinated participation of different institutions, including:
Judicial Authorities
They are responsible for issuing or reviewing extradition requests, as applicable.
Central Authority for International Legal Cooperation
This authority acts as the official communication channel between States for processing requests.
INTERPOL
INTERPOL participates in the location, identification and operational coordination related to internationally wanted persons.
Diplomatic Missions
Diplomatic missions facilitate the formal transmission of documents and communications between the States involved.
Aspects to Verify Before Requesting Extradition
When analyzing the possibility of international extradition, it is important to verify:
- The existence of a current treaty.
- The documentary requirements demanded by the requested State.
- The legal classification of the investigated conduct.
- The validity of the criminal action or sentence.
- The deadlines established in the applicable international instruments.
- The conditions provided under the domestic legislation of the requested country.
In summary, the existence of extradition treaties is a fundamental tool for international legal cooperation and the fight against impunity. There are currently bilateral agreements in force with Argentina, Brazil, Belgium, Chile, Ecuador, Spain, the United States, England, Italy, Mexico, Paraguay, Peru, Portugal and Venezuela, in addition to various multilateral instruments that complement this system of cooperation between States.
The law firm has experience in cases related to extradition, international legal cooperation, international arrest warrants and proceedings before national and foreign authorities. If you are facing a similar situation, contact us to receive specialized legal advice.
Frequently Asked Questions (FAQs)
How Can I Know Whether There Is an Extradition Treaty with a Specific Country?
It is necessary to review the current bilateral treaties and applicable multilateral agreements between both States.
Can Extradition Exist Without a Treaty?
Yes. In certain circumstances, the principle of international reciprocity may apply.
Who Decides Whether Extradition Proceeds?
The decision corresponds to the competent judicial authorities of the requested State, in accordance with its domestic legislation.
Can INTERPOL Order an Extradition?
No. INTERPOL cooperates in international location and coordination, but the decision to extradite corresponds to the competent judicial authorities.
Do All Crimes Allow Extradition?
No. Its admissibility depends on the requirements established in domestic regulations and in the applicable international instruments.
What Happens If the Requested Person Already Has Pending Proceedings in the Country Where They Were Found?
The competent authorities of the requested State will evaluate that situation before deciding on the surrender.
Do Extradition Treaties Establish Deadlines?
Yes. Many international instruments establish specific deadlines for submitting requests, completing documentation and executing the surrender of the requested person.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
