4 Concept of Extradition

Definition: the formal surrender by one state (requested), upon request, of a person present in its territory, to another state (requesting) for prosecution or punishment of an extraditable offence — the twin institution of asylum: asylum protects from; extradition delivers to (both governed by treaty; both balancing sovereignty, cooperation and human rights — the fuller mechanics were studied with Criminal Law-I, Unit 1, and IRD Unit 6; here the international-law frame).The legal frame: treaty-based (bilateral extradition treaties; multilateral conventions' extradition clauses — the terrorism conventions, the UNCAC; Nepal's Extradition Act, 2046 (1988) and the Nepal–India extradition treaty tradition, revised 2013); absent treaty, no general duty (comity's occasional practice aside).The principles (the checklist — recap in PIL terms):1. Dual criminality;2. Political offence exception — the asylum tradition's extradition-side (with the modern carve- outs: terrorism, hijacking, attacks on heads of state — the aut dedere aut judicare era's qualifications);3. Speciality rule;4. Non-extradition of nationals (the civil-law rule — Nepal's practice: surrender of its own nationals resisted; prosecution substituted);5. Rule of double jeopardy (ne bis in idem);6. Human-rights bars — the death penalty assurances, torture-risk, unfair-trial concerns (the ECtHR's Soering line's influence worldwide): extradition to inhuman treatment refused — the modern face of the old comity;7. Asylum–extradition interplay: the recognized refugee not extradited to the persecution state (the Convention's Article 33 architecture); the…