Extradition under Domestic and International Law
CENTRAL ASIAN JOURNAL OF INNOVATIONS ON TOURISM MANAGEMENT AND FINANCE, (2022)Abstract
Extradition is one of the greatest achievements achieved in the framework of international cooperation in the criminal field, not only in the framework of the UN, but also by the Council of Europe, which reflects more in criminal law for its sensitive character, for its dual nature as the protector of those values which society has defined as important and as a guarantee. The central role in the development of this mechanism was played by the Council of Europe in the European Convention on Extradition together with two additional protocols. This convention has been ratified by our state and based on it, the perpetrators of criminal offenses can be extradited to the country where they have their place of residence or stay! From a combined reading of this convention and the legal framework, in our country we conclude that the general features of Extradition are: the classic Extradition procedure goes through two stages, the court decision and the administrative decision. The court procedure starts with the detention of the person for whom extradition is requested, sending and hearing him in court, then the appeal phase if any, then the file is sent to the central authority which is the Ministry of Justice, which is the main body that gives way to such a request. The administrative decision is mainly taken taking into account the state policy and the maintenance of public order.
So the development regarding the knowledge on extradition is current in our country, and with the claim that in the future it will be a more stable situation in this regard.