Modern international extradition is not just a legal formality but a complex mechanism where the interests of states, human rights, and geopolitical considerations intertwine. This is especially relevant in cases of interaction between the USA and key partners—Mexico and the UAE. In this article, we will examine how international extradition procedures work in practice, when refusal to extradite is possible, and how to act in the event of an extradition threat.
What do you need to know about international extradition?
Extradition is the official transfer of a person accused or convicted of a crime from one state to another. As a rule, it is carried out on the basis of a bilateral agreement or the principle of reciprocity. A request for extradition is submitted by the competent authorities of one country and reviewed by the other party based on the terms of the agreement, domestic legislation, and international obligations.
There are certain universal principles: individuals persecuted for political reasons are not subject to extradition; countries may refuse to extradite their own citizens; extradition is impossible in cases of the threat of the death penalty or cruel treatment. Additionally, a number of states require that the act for which extradition is requested be a crime in both countries.
In practice, the key stages are: an official request for issuance, document analysis, verification of the grounds for the request, the possibility of filing an appeal, and the final decision of the national court or the ministry of justice.
Mexico and the USA: how does extradition between the countries actually happen?
Extradition relations between Mexico and the USA are regulated by the 1978 agreement. Despite formal cooperation, the process can be delayed for months or even years due to legal nuances and the defendant’s right to defense. Will Mexico extradite back to the US — this is a frequent question, especially in cases involving drug trafficking, corruption, and tax evasion.
Mexican courts thoroughly analyze the submitted documents and may deny extradition if there is a lack of evidence, procedural norms are violated, or there are risks of human rights violations. In certain cases, extradition is postponed until the completion of criminal prosecution in Mexico itself.
However, practice shows that with political will and quality case support, extradition to the USA is possible. Nevertheless, defense in Mexican courts is of key importance—especially in matters of respecting individual rights.
Extradition to the USA: under what conditions America extradites and requests
The USA traditionally takes an active position in extradition processes. American legislation allows the extradition of accused individuals to other countries only if there is an appropriate international agreement. However, an important condition is the principle of double criminality: the crime must be punishable both in the USA and in the requesting state.
The transfer of a person is possible only after judicial review of the request, where compliance with all formalities and legal justification is verified. The court may refuse extradition in the presence of political motives in the case, procedural violations, or threats to the humanitarian rights of the accused.
Particular attention is given to countries where torture, unfair trials, or the death penalty are possible. In such cases, the American side demands guarantees of humane treatment and compliance with international standards.
USA and UAE (Dubai): is there a chance to avoid extradition?
UAE and US extradition treaty — technically absent in the form of a full-fledged agreement, but individual extraditions are possible based on the principle of reciprocity. Requests are processed through diplomatic channels and require coordination between the ministries of justice and foreign affairs.
Extradition from Dubai to the USA is possible but far from guaranteed. The UAE, especially the emirate of Dubai, applies its own legislation and may reject a request if it does not comply with internal regulations or touches on sensitive issues.
The key arguments in defense are: the presence of resident status, the absence of an agreement, the risk of rights violations in the USA, or the political context of the case. Even in the presence of suspicions of economic crimes or fraud, the defense can be effective if properly constructed.
When extradition is impossible: human rights and other reasons for refusal
There are a number of reasons why a country may lawfully refuse extradition:
- Threat of torture or inhuman treatment
- The risk of an unfair trial
- Political motivation of persecution
- Double criminalization is not observed
- Citizenship or refugee status in the country of residence
In many countries, especially in the EU, the principle of absolute priority of human rights is applied. This means that even with an active request from the USA, courts may refuse extradition if possible violations or risks are identified.
Navigation in the World of International Extradition
Understanding international legal mechanisms without professional assistance is extremely difficult. For this, it is necessary to take into account national law, bilateral agreements, the specifics of a particular jurisdiction, and the evidence base.
Legal support in such cases is critical. Experienced lawyers will help appeal the request, gather evidence, use international protection norms, and submit documents to international authorities if necessary.
In the case of extradition pressure from the USA, it is important to act immediately by assembling a defense team focused on international practice. This will help minimize risks and preserve the right to freedom and a fair trial.
