الضمانات المتصلة بإجراء تسليم المجرمين

Abstract

The development of crime and its effects outside the territory of the state has made cooperation between countries necessary to combat it. The arrest and extradition of the perpetrator has been one of the most important means to achieve this cooperation, which ensures that the perpetrators do not escape punishment. However, in return, it is prohibited to extradite the wanted persons when the guarantees that protect their rights are absent or insufficient. Accordingly, this research has studied the most important guarantees related to the extradition procedure, which are included in international agreements on judicial cooperation in the criminal field, as well as the internal legislation of states. We began by presenting those guarantees, the absence or insufficiency of which leads to the refusal of the extradition procedure. We discussed the guarantees at the trial stage in cases of human rights violations, as well as the guarantees related to punishment. Through this, were ahead conclusion which contains a number of results and recommendations.