GA Resolution: Extradition Rights

Category: Human Rights


Strength: Significant


Proposed by: Knootoss




Description: The World Assembly,

BELIEVING that all persons have the right to a fair trial;

HAVING PREVIOUSLY ruled that Member States may not extradite a person to a jurisdiction where there is probable cause to believe they would be subjected to torture;

HAVING FURTHER ruled that nations must facilitate the extradition of those suspected of certain severe crimes, subject to national and international law;

ENTITLES all persons inside the jurisdiction of World Assembly Member States to a legal appeal in the nation from which extradition is requested;

DECLARES that persons inside the jurisdiction of a World Assembly Member State may not be extradited to another World Assembly Member State, in the absence of a treaty governing the terms of extradition or a national law governing the terms of extradition to nations with whom no treaty has been established;

FURTHER DECLARES that a legal appeal against extradition must also be accepted if any of the following are true:
a) The nation requesting extradition cannot provide evidence that – unless rebutted – would be sufficient to prove the act for which extradition is sought;
b) The act for which extradition is sought does not constitute a crime in the nation from which extradition is requested;
c) The crime for which extradition is sought is of a political nature;
d) The punishment for the crime for which extradition is sought would not be administered in the nation from which extradition is requested;
e) The nation from which extradition is requested claims jurisdiction over the crime for which extradition is sought;

CLARIFIES that the nation from which extradition is requested may also refuse to extradite for other reasons, insofar as such refusal does not contradict existing World Assembly resolutions;

ENCOURAGES Member States to enact legislation which facilitates the prosecution of cross-border crime.