5.3 Extradition

Definition: the formal surrender by one state, upon request, of a person present in its territory to another state for prosecution or punishment of an extraditable offence — asylum's twin institution: asylum protects from; extradition delivers to. Legal frame: treaty-based (bilateral treaties; multilateral conventions' extradition clauses — the terrorism conventions, UNCAC); absent treaty, no general duty. Nepal: the Extradition Act, 2046 (1988) — the domestic statute implementing extradition (designating extraditable offences, the political-offence bar, the judicial and governmental stages) — together with Nepal's extradition treaty practice with India (the 1953 treaty tradition, revised 2013). The governing principles (the checklist): Dual criminality — conduct criminal in both states; Political offence exception — with modern carve-outs (terrorism, hijacking, attacks on heads of state; the aut dedere aut judicare era); Speciality — trial only for the extradited offence; Non-extradition of nationals — the civil-law rule; Nepal's practice: surrender of its own nationals resisted, local prosecution substituted; Ne bis in idem — double jeopardy bar; Human-rights bars — death-penalty assurances, torture risk, unfair trial (the Soering line's worldwide influence): no surrender to inhuman treatment; Asylum–extradition interplay — the recognized refugee not extradited to the persecution state. MLAT (Mutual Legal Assistance in Criminal Matters) — the syllabus's modern companion: extradition delivers persons; mutual legal assistance delivers evidence and cooperation — taking witness statements, serving documents,…