3 ms·

For countries that have the concept of a "constitution", I think extraditions should be made illegal and declared "unconstitutional" since you cannot guarantee

For countries that have the concept of a "constitution", I think extraditions should be made illegal and declared "unconstitutional" since you cannot guarantee that the target country has the same quality/level of constitution as the country an individual is extradited from.

nxpnsv 5y ago
What if that country has one of yours? I think these usually are bilateral agreements.
- wolfium3 5y ago
  I think as a "the ends justify the means" argument it's not a strong enough argument if you think that constitutions / human rights are important.
uniqueuid 5y ago
This is actually often the case. See for example the EU charter of fundamental rights: > Article 19 - Protection in the event of removal, expulsion or extradition > 1. Collective expulsions are prohibited. > 2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment. [edit: source] https://fra.europa.eu/en/eu-charter/article/19-protection-event-removal-expulsion-or-extradition https://fra.europa.eu/en/eu-charter/article/19-protection-ev...
- danogentili 5y ago
  That didn't help McAfee though, I wonder why :)
  - garblegarble 5y ago
    I would guess it's because the US doesn't impose the death penalty for tax evasion...
  - tluyben2 5y ago
    I did not see the details of the extradition, but Spain often does things that are against EU rules and those things end up in EU court a decade later. I wonder if this was allowed for Spain to do and if McAfee could not have turned to EU to force ruling on this. Then, whether or not they would overturn, you are a decade further along.
  - Craighead 5y ago
    Mental health is important :)
riffraff 5y ago
> I think extraditions should be made illegal and declared "unconstitutional" since you cannot guarantee that the target country has the same quality/level of constitution as the country an individual is extradited from. Extraditions are already approved by courts, and often are negated. For a famous example it took >30 years to get Cesare Battisti[0] to an Italian jail since France, Mexico and Brazil denied his extradition. [0] https://en.wikipedia.org/wiki/Cesare_Battisti_(born_1954)#Diplomatic_dispute_between_France_and_Italy https://en.wikipedia.org/wiki/Cesare_Battisti_(born_1954)#Di...
dirtyid 5y ago
A couple timely articles by Jerome Cohen on PRC/west extradition. https://thediplomat.com/2021/06/should-murder-go-unpunished-china-and-extradition-part-1/ https://thediplomat.com/2021/06/should-murder-go-unpunished-... https://thediplomat.com/2021/06/should-murder-go-unpunished-china-and-extradition-part-2/ https://thediplomat.com/2021/06/should-murder-go-unpunished-...

nxpnsv 5y ago

What if that country has one of yours? I think these usually are bilateral agreements.

wolfium3 5y ago
I think as a "the ends justify the means" argument it's not a strong enough argument if you think that constitutions / human rights are important.

uniqueuid 5y ago

This is actually often the case. See for example the EU charter of fundamental rights: > Article 19 - Protection in the event of removal, expulsion or extradition > 1. Collective expulsions are prohibited. > 2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment. [edit: source] https://fra.europa.eu/en/eu-charter/article/19-protection-event-removal-expulsion-or-extradition https://fra.europa.eu/en/eu-charter/article/19-protection-ev...

danogentili 5y ago
That didn't help McAfee though, I wonder why :)
- garblegarble 5y ago
  I would guess it's because the US doesn't impose the death penalty for tax evasion...
- tluyben2 5y ago
  I did not see the details of the extradition, but Spain often does things that are against EU rules and those things end up in EU court a decade later. I wonder if this was allowed for Spain to do and if McAfee could not have turned to EU to force ruling on this. Then, whether or not they would overturn, you are a decade further along.
- Craighead 5y ago
  Mental health is important :)

riffraff 5y ago

> I think extraditions should be made illegal and declared "unconstitutional" since you cannot guarantee that the target country has the same quality/level of constitution as the country an individual is extradited from. Extraditions are already approved by courts, and often are negated. For a famous example it took >30 years to get Cesare Battisti[0] to an Italian jail since France, Mexico and Brazil denied his extradition. [0] https://en.wikipedia.org/wiki/Cesare_Battisti_(born_1954)#Diplomatic_dispute_between_France_and_Italy https://en.wikipedia.org/wiki/Cesare_Battisti_(born_1954)#Di...

dirtyid 5y ago

A couple timely articles by Jerome Cohen on PRC/west extradition. https://thediplomat.com/2021/06/should-murder-go-unpunished-china-and-extradition-part-1/ https://thediplomat.com/2021/06/should-murder-go-unpunished-... https://thediplomat.com/2021/06/should-murder-go-unpunished-china-and-extradition-part-2/ https://thediplomat.com/2021/06/should-murder-go-unpunished-...