Extradition & Asylum

June 28, 2018 | Author: Danish Raza | Category: Extradition, Refugee, Crime & Justice, Crimes, Jurisdiction
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What do yo What you u un unde ders rsta tand nd fr fro om th thee te terrm of Ex Extr trad adit itio ion? n? Is it differ dif feren entt fro from m Asyl sylum? um? Dif Differ feren ence ce be betwe tween en Ext Extra ra Terri rritor torial ial & territorial Asylum. INTRD!"TIN : - Each State exercises complete jurisdiction over  all the persons within its territory. But sometimes there may be cases when a person after committing crime runs away to another country. In such a situation the country affected finds itself helpless to exercise  jurisdiction to punish the guilty person. his situation is undoubtedly very detrimental for peace and order. here is a social need to punish such criminals and in order to fulfil this social necessity the principle of extradition has been recognised. #eanin$ & Definition of Extradition :- Extradition is the delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of a crime. "he he te term rm ex extr trad adit itio ion n de deno note tess th thee pr proc oces esss Acco Ac cord rdin in$ $ to %t %tar are e! " whereby under treaty or upon a basis of reciprocity one state surrenders to another at its re#uest a person accused or convicted of a criminal offence committed against the laws of the re#uesting state. state either to punish the Accordin$ to 'rotius :- "It is the duty of each state criminals or to return them to the States where they have committed crime.$ %nde %n derr In Inte tern rnat atio iona nall &a &aw w ex extr trad adit itio ion n is mo most stly ly a ma matt tter er of bilateral treaty. In principle each state considers it a right to give asylum to a fore fo reiign na nattion onal al!! thu huss the here re is no un uniive vers rsaal ru rulle of cus usttom omaary international law in existence imposing the duty of extradition. 'famous deeem who was accus useed of th thee mur urde derr of  casee #us cas #usic ic dir direc ector tor (ade )ulshan *umar. (adeem fled to Britain. &ac* of providing sufficient evidence England refused to extradite (adeem. I% E(TRADITIN I% DI))ERENT )R# A%*+!# here is a great difference in between extradition and 'sylum. Extradition means deli,ery of an accused or a con,icted indi in di,i ,idu dual al to th thee st state ate on wh whos osee te terr rrit itor ory y he is al alle le$e $ed d to ha ha,e ,e committed or ha,e been con,icted of a crime  whereas inAsylum the acti,e -rotection extended to a -olitical refu$ee from another state by a state which admits him on his re#uest.

DI))EREN"E ETWEEN E(TRA TERRITRIA+ & TERRITRIA+ A%*+!#/0 In the asylum case "olombia ,1s 2eris0 I"304567.

Extra territorial 'sylum

erritorial 'sylum

In case of diplomatic asylum the he refugee is within the territory of  refugee is within the territory of the the state of refuge state where the offence was committed. )rant of diplomatic asylum erritorial asylum is granted by a involves a derogation from the State in its own territory. sovereignty of that state. It withdraws the offender from the  jurisdiction of the territorial state and constitutes an intervention in matters which are exclusively within the competency of the state.

Every state has right in the exercise of its sovereignty to admit into the territory such persons as it deems advisable without exercising the ,eclaration of 'sylum.

)rant of extra territorial asylum is he grant of territorial asylum is an rather a derogation from the incident of territorial sovereignty itself. sovereignty. +ight to grant extra-territorial Each state has a plenary right to asylum is exceptional and must be grant territorial asylum unless it has accepted some particular restriction established in each case. in this regard.

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