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Extradition for Drug-Related Offences: A Study of Existing Extradition Practices and Suggested Guidelines for Use in Concluding Extradition Treaties

NCJ Number
108869
Author(s)
R Linke
Date Published
1985
Length
82 pages
Annotation
This document examines existing extradition practices with particular reference to international cooperation in connection with drug-related offenses.
Abstract
Following a brief description of international cooperation to counter the illicit drug traffic, the role of the Single Convention on Narcotic Drugs as amended in 1972 and the 1971 Convention on Psychotropic drugs are discussed with respect to effecting extradition between parties to those instruments. An inventory and evaluation is presented of existing extradition arrangements, including multilateral regional schemes and bilateral treaties, and the basic provisions in extradition treaties are surveyed with reference to both procedural and substantive rules and their applicability to drug offenses. Problems arising in extradition cases then are examined, including those related to the fiscal character of the offense, double jeopardy, excessive severity (e.g., capital punishment and degrading penalties) or lenience of punishment, concurrent jurisdiction, the requirement of prima facie evidence, and disguised extradition. Guidelines are presented that may be used by interested States as a practical means of improving application of a range of coordinated measures at both the national and international levels. Suggestions are made for elements that might be usefully included in extradition instruments concerning drug-related offenses. 133 notes.