International Cooperation vs. Individual Rights: A Jurisprudential Study on Extradition and the Fugitive Economic Offenders Act, 2018
Keywords:
Human Rights, extradition,, fugitive economic offenders, white-collar crimesAbstract
The extradition law combines elements of both international and domestic law. It is governed by diplomatic treaties between nations and laws governing extradition within those nations. As inter- and intra-national dynamics have changed, extradition laws have remained flexible. Thus, it's important to strike a delicate balance between the extent of an accused person's human rights and the need to deal with global crimes, which also include organized crime and white-collar crimes. Such an Act to speed up the process of extradition and to punish them has been passed by the Indian Parliament in the form of Fugitive Economic Offenders Act, 2018.No doubt the Act has been an applaudable effort by the Indian Parliament in bringing the fugitive economic offenders to justice but at the same time it has created some controversies such as deprivation of some basic human rights which includes audi alterum partem too. This paper will discuss two aspects of extradition, one whether the countries with greater respect for human rights are hesitant to cooperate on the issue of extradition on the ground that the offenders might not receive a fair trial there and secondly whether the fugitive economic offenders act withstands the test of basic human rights and constitutionalism.
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Oppenheim, Oppenheim’s International Law,631(Cambridge University Press 6th edn.,1947).Ibid
Shumba, Bechian and Henta v. France (2018) EWHC 1762 (Admin)
Varga & others v. Hungary Application nos. 14097/12, 45135/12, 73712/12, 34001/13, 44055/13, and 64586/13)
Neely v. Henkel 180 U.S. 109 (1901)
Soering v. United Kingdom App No 14038/88, A/161, (1989) ECHR 14, (1989)
Universal Declaration of Human Rights, 1948 Article 14(1)
Why UK is the preferred refuge of Indian scamsters, The Times of India, June 12,2018 https://m.timesofindia.com/india/why-uk-is-the-preferred-refuge-of-indian-scamsters/amp_articleshow/64552039.cms (Last visited on July 01,2023)
Research and analysis UK extradition arrangements: evidence given to the review panel https://www.gov.uk/government/publications/uk-extradition-arrangements-evidence-given-to-the-review-panel(last visited July 06, 2023).
Sharfstein, Daniel J Human rights beyond the war on terrorism: Extradition defenses based on prison conditions in the United States. Santa Clara Law Review 42(4): 1137–1158(2001).
Efrat, Asif & Marcello Tomasina Value-free extradition? Human rights and the dilemma of surrendering wanted persons to China. Journal of Human Rights 17(5): 605–621(2018).
Stuntz, William J, The Collapse of American Criminal Justice. Cambridge, MA: Harvard University Press (2011)
ibid
Lennox, Tom (2017) Extradition treaty with China is a bad deal for justice. The Australian 27 January.
Murphy, Katherine (2017) Government withdraws China extradition treaty after party revolt. The Guardian 27 March.
Aftab Alam ‘Why 'Deplorable' Prison Conditions in India Are Major Hurdle to Bringing Back Mallya’ (The Wire, Sept.29, 2023,10:04 AM)
-Year-Old Fugitive Diamond Merchant, Nirav Modi Loses Appeal; UK Courts Rules Suicide Risks Do Not Bar Extradition - Inventiva https://www.inventiva.co.in/trends/51-year-old-fugitive-diamond-merchant-nirav-modi-loses-appeal-uk-courts-rules-suicide-risks-do-not-bar-extradition(last visited July 06, 2023). K S Puttaswamy (Retd.) and Anr. v. Union of India and Ors Writ Petition (Civil) No. 494 of 2012
https://blog.ipleaders.in/fugitive-economic-offender-act/
Efrat, Asif & Abraham L Newman (2016) Deciding to defer: The importance of fairness in resolving transnational jurisdictional conflicts. International Organization 70(2): 409–441.
Jo, Hyeran & Beth A Simmons (2016) Can the international criminal court deter atrocity? International Organization 70(3): 443–475
Lebovic, James H & Erik Voeten (2009) The cost of shame: International organizations and foreign aid in the punishing of human rights violators. Journal of Peace Research 46(1): 79–97.
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