MAY A STATE REFUSE TO GRANT A REQUEST FOR EXTRADITION?

ARTICLE 3

Mandatory grounds for refusal

Extradition shall not be granted in any of the following circumstances:

a. If the offense for which extradition is requested is regarded as apolitical offense;b. If there are grounds to believe the request has been made to prosecute or punish a person on account of that

person's race, religion, nationality, ethnic origin, political opinions, sex or status, or that the person's position may be prejudiced for any of these reasons;

c. If the offense is an offense under military law and not also an offense under criminal law;d. If final judgment has been rendered against the person in the requested State in respect of the offense for

which the persons' extradition is requested;e. If the person whose extradition has been requested has, under the law of either Party, become immune from

prosecution or punishment for any reason, including lapse of time or amnesty;f. If the person would be subjected to torture or cruel, inhuman treatment or degrading punishment or if that

person has not or would not receive the minimum guarantees in criminal proceedings as contained in the International Covenant on Civil and Political Rights, article 14.

g. If the judgment of the requesting State has been rendered in absentia, the convicted person has not had sufficient notice of the trial nor opportunity to arrange for a defense and has not or will not have the opportunity to have the case retried.

ARTICLE 4:Optional grounds for refusal

Extradition may be refused in any of the following circumstances:

a. If the person whose extradition is requested is a national of the requested State;b. If the competent authorities of the requested State have decided either not to institute or to terminate

proceedings against the person for the offense for which extradition is requested;c. If prosecution in the requested State is pending for the same offense;d. If the offense carries the death penalty under the law of the requesting State;

e. If the offense has been committed outside the territory of either Party and the law of the requested State does not provide for jurisdiction over such an offense committed outside its territory;

f. If the offense is regarded under the law of the requested State as having been committed in whole or in part within that State;

g. If the person whose extradition has been requested has been sentenced or would be liable to be tried in the requesting State by an extraordinary or ad hoc court or tribunal;

h. If extradition would be incompatible with humanitarian considerations in view of age, health or other personal circumstances of that person.

Two Aspects of the Territorial PrincipleThe territorial principle has two aspects            • Subjective aspect            • Objective aspectUnder the subjective aspect of territorial jurisdiction a sovereign is recognized as having the power to adopt criminal laws that apply to crimes that are physically committed within his territorial borders.  So, for example, the United Kingdom can adopt a statute that makes it a crime for anyone to commit an act of murder within its borders and the subjective aspect of the territorial principle would recognize the power of the United Kingdom to enact such a statue.

Under the objective aspect of territorial jurisdiction a sovereign is recognized as having the power to adopt a criminal law that applies to crimes that take effect within its borders even if the perpetrator performs the act outside of its borders.  The Internet and the wave of cybercrime which the Internet has fostered have made the objective aspect of the territorial principle increasingly important.

Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state, the persons and belongings of ambassadors and other diplomats, and ships in foreign waters.

Extraterritoriality is often extended to friendly or allied militaries, particularly for the purposes of allowing that military to simply pass through one's territory.

It is distinguished from personal jurisdiction in the sense that extraterritoriality operates to the prejudice of local jurisdiction.

What is restrive doctrine of immunity?Restrictive principle of sovereign immunity refers to a principle that the immunity of a foreign state in the courts of the U.S. is restricted to claims involving the foreign state's public acts and does not extend to suits based on its commercial or private conduct. Until the twentieth century, mutual respect for the independence, legal equality, and dignity of all nations was thought to entitle each nation to a broad immunity from the judicial process of other states. In 1952, the U.S. Department of State shifted from absolute immunity to restrictive immunity. Congress passed the Foreign Sovereign Immunities Act in 1976 that provided foreign nations with immunity from the jurisdiction of U.S. federal and state courts in certain circumstances. This act prohibits sovereign immunity with regard to commercial activities of foreign states or their agencies or with regard to property taken by a foreign sovereign in violation of international law.

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.