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Undercover extradiction

6 important questions on Undercover extradiction

What kind of issues does art.6-8 raise?

undercover
it raises issues with art. 6 and 8. they pretend to be somebody else to get in your private life.
there is a risk of long term operation. what is the danger of people in the maffia, that they become friends or get really into the maffia. it is the fear of becoming native. the police losing control over the operation is a big danger

What is extradiction? How did we gave form to this?

extradition
it is a person being handed over from one jurisdiction to another. a physical surender
historically the source was bilateral treaties, stringent conditions because of sovereignty because the person is under protection from another state. this is an exceptional to the rule. practical things you work in one country, you lose your job. one of the issues is the rights of the individual. individua cannot derive rights from a treaty. treaty protects states not indivudals. one of thee first conventions of the council it was in the very beginning of the council of europe

5 crucial questions when interfercing with liverty

.Is there (a) DoL (b) for which national authority can be held responsible ?
Is the DoL lawful? What is legal base for DoL?
Does that base fall within one of the 6 categories listed in Art. 5 § 1?
Are there guarantees for control of legality?
Is there a compensation for illegal detention?

.Procedural Guarantees upon DoL (Art. 5 §§2-5)

.•Right to be informed promptly of reasons of arrest and charge (infra)
•Recourse to control legality of detention
•Compensation if arrest or detention illegal
•In case of Art. 5 §1 c) (=pre-trial detention, suspicion of offence)
oPromptly before judge
oEntitled to trial within reasonable time or released pending trial
oPossibility of bail(to ensure that suspect appears for trial)

CoE European Convention on Extradition (1)

.Multilateral
When? 1957, entry into force 1959
Obligation to extradite suspects and convicts (Art.1)
Extraditable offences (Art. 2)
Requirement of double punishability or criminality
And >1 year in case of suspects
OR convicted to > 4 months
Possibility of extradition in case of several separate offences (Art. 2(2))
Possibility to exclude some offences (Art. 2(3)) → deposit list (Art. 2(4))
Reciprocity in case of excluded offences = possible (Art. 2(7))

Ground of refusal CoE convention on extradiction?

.Grounds of refusal
Political offences! (Art.3): fear of abuse!!
Military offences (Art. 4): excluded
Fiscal offences!! (Art. 5): in principle excluded
Own nationals (Art. 6): right to refuse – declaration definition of ‘national’
Other possible grounds of refusal
Offence committed on territory of requested state (Art. 7): possible refusal
Pending procedures (Art. 8)
Ne bis in idem (Art. 9)
Prescription, statutes of limitation (Art. 10)
Capital punishment (Art. 11)

The question on the page originate from the summary of the following study material:

Week 1

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