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by DanBC
3623 days ago
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> extradition treaties are reciprocal, no country is going to extradite its citizens if the other country won't extradite theirs in return. That's not quite accurate. http://www.bbc.co.uk/news/uk-politics-16041824 > A critical test set out in the treaty is that the British request must include "such information as would provide a reasonable basis to believe that the person sought committed the offence for which extradition is requested." > This requirement does not apply to requests submitted by the US to the UK |
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another quote from the article says "a Home Office-commissioned independent review...found the US had not refused any extradition requests since the treaty came into force. A total of seven US requests were refused by the UK in that time."
that asymmetry in the treaty is not the result of a disparity of negotiating power nor clearly unfair-to-one-side. It's because the US has "untreatyable" constitutional rights that UK does not grant its own subjects, so for due process to grant an extradition request, the UK must submit that evidence. Since the US and UK are such close allies, that treaty may reflect the UK's desire not to slow down the process in either direction. Perhaps (this is pure speculation, we don't have the data) if the US complied in the other direction as the UK does, the UK courts would grant more of the extradition requests.
I'm not meaning to argue that the asymmetry works out fairly for every single defendant, clearly individuals will suffer more in one direction than the other, I'm saying that "the People" on both sides are not necessarily disadvantaged if we "presume evidence of guilt" and a symmetric desire to punish.
and this is for another topic, but the presumption of guilt is how the system is designed to work, otherwise, how could they even compel you to show up in court, or hold an axe murderer while awaiting trial? the commonly quoted "presumption of innocence" applies when you are in court in front of judge and jury; the entire rest of the system from arrest thru the trial is based on a necessary presumption of high probability of guilt.