What is speciality in the extradition process?

Once the requested person has been surrendered to the requesting state, they can be punished only in relation to the specific crime(s) for which their extradition was granted and not for other offences.

What is the principle of speciality in extradition proceedings?

Speciality is a principle of international law, which provides that a person who is extradited can be prosecuted or sentenced in the requesting state only in relation to the offence(s) for which extradition was granted and not for any other crime committed before extradition took place.  

This principle stems from the intention to protect persons surrendered in relation to an ordinary criminal charge against later political persecution following their return to the requesting state. Speciality therefore prevents the requested state from extraditing a person based on false grounds. On the one hand, it assists the requested state in exercising its sovereignty from the perspective of international law, and on the other hand, it is closely connected with the presumption of mutual trust between the countries, including in terms of equivalence in safeguarding fundamental human rights.

What is the legal basis for speciality?

European Convention on Extradition 1957

The principle of speciality is laid down in Article 14 of the European Convention on Extradition 1957 (“ECE). It is also reinforced by the provisions of Article 12, which requires the requesting state to support its extradition request with an accurate statement of the specific offences for which extradition is requested. 

UK Extradition Act 2003

Under UK legislation, the speciality principle in relation to outward extradition from the UK is governed by Section 17 (in relation to category 1 territories) and Section 95 (in relation to category 2 territories) of the UK Extradition Act 2003 (the “2003 Act”) respectively. For inward extradition to the UK, it is covered by Section 146 of the 2003 Act.  

Are there any exemptions to speciality?

While the speciality principle is one of the bars to extradition, there are however exemptions to it both under the ECE and the 2003 Act, which may allow the requesting state to prosecute or sentence the surrendered person for other pre-extradition offences.

Therefore, it is essential for anyone who is facing an extradition request to build a thorough and well-structured defence and seek specialist legal advice as soon as possible.  

Gherson can advise you in relation to all possible defences to an extradition request.

If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

Could INTERPOL be involved?

Finally, individuals will want to know how INTERPOL can be involved. Indeed, a country may issue a request to locate an individual through INTERPOL before issuing an extradition request; however this is not a prerequisite (i.e. an individual can face extradition proceedings even if they are not subject to INTERPOL measures). If you require more information, Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):

• INTERPOL and Red Notice Challenges
• How to Remove an INTERPOL Red Notice
• INTERPOL Red Notices and Extradition
• How do I know if I am subject to an INTERPOL Red Notice

Gherson has over 30 years of experience in assisting with all aspects of INTERPOL and Red Notice challenges, extradition requests, complex asylum claims, and where the three intersect. If you require any advice on INTERPOL, Red Notices, or extradition, then Gherson’s extradition team will be more than happy to assist. Alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023

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