Argentina: Clear guidelines on extradition process with judicial review
Argentina’s extradition process is regulated by Law on International Cooperation in Criminal Matters, Law 24.767,
of 1996, which provides that an extradition request can be submitted through Interpol (International Police
Organization), or through the Argentine Foreign Officer. The process provides for provisional arrest, judicial
review and oversight.
Australia: Special authority for extradition
The International Crime Cooperation Central Authority of Australia’s Attorney-General’s Department (federal)
is the designated central authority dealing with extradition requests, charged with ensuring that criminals cannot
evade justice by crossing borders. Australia has “extradition relationships” with 148 countries worldwide, which
are publicly listed.
Custody arrangements
Eswatini (formerly Swaziland): Constitution empowers Courts to direct freedom of movement
restrictions in response to extradition request
Article 26(3)(c) of the Constitution Act No. 001 of 26 July 2005 (Act No: 001 of 2005), enshrining the protection
of freedom of movement, empowers the Courts to order restrictions on people’s freedom of movement in
connection with ensuring their appearance before a court in the context of proceedings relating to their
extradition from the country.
Fiji: Extradition legislation provides for powers of arrest in response to an extradition request
Section 7(1) of the Fiji Island Extradition Act 2003 provides for the issue of provisional arrest warrants in
connection with an extradition request.
Lesotho: Constitutional provision protecting right to liberty provides exception in extradition
context
Article 6 of the Constitution of Lesotho of 1993, enshrining the right to personal liberty, provides powers of arrest
or detention for the purpose of effecting extradition.
United States of America: Federal legislation authorises detention in cases of extradition
US Federal law authorises officers to take suspected offenders into custody, and hold them until extradition
proceedings have begun, as a way of ensuring the suspects’ presence, consistent with Article 6(1) UNCAT.
Ordinarily, the apprehension and detention of a person suspected of having committed acts of torture for the
purposes of extradition requires issuance of an arrest warrant by a federal district court judge or magistrate
judge. In certain circumstances (e.g., when a suspect is identified trying to enter or leave the country at a port of
entry), an arrest may be made without a warrant, and the suspect detained in accordance with normal procedure.
Ordinary rules of consular notification apply, consistent with Article 6(3) UNCAT.
TOOL: Cooperation on extradition
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