Last December 5, Ms. Meng Wanzhou (Meng Wanzhou) - one of the top leaders of China's largest technology group, Huawei, and also the daughter of the founder of this group - was arrested in Canada. This arrest took place in response to an extradition request from the US government, right at a time when the tension between the US and China has not shown any signs of cooling down.
According to many sources, Ms. Meng may be arrested in connection with trading activities and financial support for many Iranian partners, one of the subjects under the most severe sanctions of the US government. However, this is not the first time US officials have criticized and attacked Huawei. Just this August, President Donald Trump signed into law the Defense Authorization Act, which contains part of the content that prohibits US public agencies as well as contractors who carry out projects. for the United States to use Huawei or ZTE equipment.
You are watching: What is Extradition
Extradition in English is extradite (verb) and extradition (noun).
According to The Palgrave Macmillan Dictionary of Diplomacy, extradition is the process by which a country agrees to release an individual who is wanted, accused of committing a crime, or has been convicted of a crime, to return it at the request of another country. .
Due to its transnational nature, the concept of extradition is most often mentioned in bilateral or even multilateral agreements if the matter involves particularly serious crimes. At present, however, international extradition law mainly exists through bilateral agreements.
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In terms of origin, the word extradition is not purely Latin like many other international legal concepts. Imported into the English language from French, and is said to be the creation of Voltaire in 1833, by combining the Latin prefix "ex" (closer in meaning to the English word "out") and the suffix "" traditionem” (which can be understood as “to hand over”), the word extradition was quickly disseminated by the British to all over the world, including their colonies.
Extradition has a rich history, starting with the 13th century BC deal to return prisoners between Egypt's king Ramses II and King Hattusili III of the Hittiles empire (modern-day Turkey). Later, the Roman Empire also allowed the exchange of wanted people and prisoners between the provinces. In 1174, King Henry II of Great Britain and King William of Scotland also agreed to a document recognizing the obligation to return those accused of treason.
The world's first transnational extradition agreement in the modern world is often said to have come in the form of a clause in the Jay Treaty of 1794 between a newly independent United States and the British empire that was intended to settle a number of entanglements. Public and judicial justice, but especially free trade, remained between the two sides after the war.
However, extradition did not become a formal legal term of interest until the mid-19th century, when the development of transport enabled criminals to escape from the jurisdiction of the state. Judgment is getting easier. The United States is the leading country in signing a bilateral extradition treaty with 108 agreements in force. Colombia is considered the most active country in this activity, with an average of four suspects being extradited to the United States each week – mostly for crimes related to illegal psychotropic drugs.
Different from the original orientation of extradition treaties, which focused on political crimes, treason, etc., modern international law has noticed a fundamental changing trend. The Belgian Extradition Act 1833 was the first national law in history to formally exclude political offenses from extradition requests. Article 6 of the act states: “For agreements to which the Belgian government is to enter into in the future, they should 'make it clear that the foreign individual cannot be extradited to further sanctions, prosecution for political crimes, or other facts relating to an equivalent crime.'”
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This exception has gradually become more widely recognized in many countries and is now considered a common practice in the world. Logically, this also makes sense, because extradition can only work if the act for which extradition is requested is considered a crime in both countries. For political crimes because not all countries have the same view on this type of crime. Criminals with the death penalty are also most likely to be refused extradition.
Meng's arrest and possible extradition are believed to be politically motivated, and China is vehemently protesting against Canada's request not to comply with the extradition request from the United States. In response, the US Department of Justice asserted that President Trump had no prior knowledge of the case. The US Department of Justice independently handles the case and the case has passed several levels of inspection and supervision before proceeding and requires the coordination of Canadian authorities.
Readers who want to learn about extradition and related bilateral agreements signed by Vietnam can use the keyword "mutual legal assistance agreement" with a lot of interesting information.
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Keywords:
Arrest: to arrest Arrest: to detain Detention: to detain political crimes Political motives: political motivation Death penalty: death penalty, capital punishment Ministry of Justice: Department of Justice (USA, Canada, Hong Kong), Ministry of Justice (UK, Japan, Vietnam), Attorney-General's Department (Australia), Office of Attorney General (Norway, Colombia).
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