This work deals with the problems of extradition: human rights in the process of extradition, grounds for refusal of extradition end strengthening the principle aut dedere aut judicare in extradition. The introductory part, after a short extradition legal definition review, is devoted to argumentation of this subject in connection with the reality of Lithuania: presentation figures of surrendered Lithuanian citizens, display the cost from Lithuanian state budget for extradition of citizens. It is emphasized, that although there has been a long history of study and experiences in the field of extradition, however there is need in Lithuania for deeper study of particular issues on extradition : that is human rights questions in extradition, analysis of grounds for refusal. The main purpose of this work was, based on the studies of other authors, after comparative analysis of international conventions, international treaties including also analysis of Lithuanian Criminal Procedure Code, after review of the European Court of Human Rights practice, to what particular human rights arises threat to be violated or limited without sufficient ground in the extradition process. It is here that the concept of fundamental human rights has emerged and is gaining a widespread acceptance and this group of rights has been recognized as non-derogable in all universal and regional legal instruments. In the examination of grounds for refusal of extradition an attempt... [to full text]

SUMMARY Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. As between nations, extradition is regulated by treaties. As between states or other political subdivisions on a domestic level, extradition is more accurately known as rendition. The master thesis is a research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research is made by comparing the institute of extradition and institute of fugitives in the context of international law, other legal acts. Fundamental legal acts of extradition are thoroughly discussed in the master thesis. The author presents the analysis of conventions, bilateral, agreements, national laws of extradition, principle of reciprocity and moral human rights. The author presents opinions of various contemporary Lithuanian scientists such as V. Vadapalas, A. Nevera, A. Čepas, J. Žilinskas, G. Goda, M. Kazlauskas, P. Kuconis, G. Švedas, L. Visockienė. Also were used fundamental works about extradition by M. Akehurst, S. Bedi, G. Gilbert, H. Lauterpacht, I. A. Shearer, A. Boicov, R. Valejev, J. Vasiljev, B. Velčev, L. Galenskaja etc. International agreements, national criminal laws and laws of criminal procedure are also analyzed in the study... [to full text]

At the outset, it has to be noticed that crimes against international law are committed by men, not by abstract entities, and international law will achieve its goals only if those responsible for crimes will be brought to justice. The principle of individual criminal responsibility of Heads’ of State for crimes against humanity, genocide, war crimes and torture (elaborated in the Nuremberg Charter) is part of customary international law. The principle is embodied in the resolutions of the UN General Assembly – Principles of Law Recognized in the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal (1950); international treaties – Convention for the Prevention and Punishment of the Crime of Genocide (1948), Geneva Conventions (1949), Convention against Torture and Other cruel, inhuman or degrading treatment or punishment (1984), Rome Statute of the International Criminal Court (1998); other international instruments – UN Draft Code of Crimes against the Peace and Security of Mankind (1996), Statute of the International Criminal Tribunal for the former Yugoslavia (1993) (also clarified in the proceedings brought before the former Yugoslavian leader S. Milosevic) and Rwanda (1994); decisions of national courts – the UK House of Lords decisions in the Pinochet case (1998 -1999); extradition requests sent and honoured by executive officials – Belgium international arrest warrant for H. Habre (2005) and African Union requests; state proposals for international... [to full text]