Under a treaty or on the basis of reciprocity, a state can surrender to another, on its request, an accused person or convict for crimes committed in the requesting state. Extradition processes are carried out through diplomatic channels and the rational for this is that serious crimes committed in another state may not go unpunished.
A number of issues must be settled before extradition can take place.
- The person requested for must be extraditable
- There must be extraditable crime as provided in treaty/law
Such request may be refused if contrary to the terms of the treaty or related to political or military offences, or is contrary to the constitution or prejudicial to the national interest of the requested state.