Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Extradition agreements

  • 31-08-2013 4:38pm
    #1
    Registered Users, Registered Users 2 Posts: 6,109 ✭✭✭


    I was reading about the arrest of Michael Lynn and it got me wondering about Ireland and extradition treaties. He was apparently arrested on the grounds that Ireland is currently preparing an extradition treaty with Brazil, though it has not yet been finalised.
    Obviously the European Arrest Warrant legislation applies within the EU. And according to the Dept of Justice website, Ireland has bilateral agreements with Australia and America. But what about other countries? Can anyone walk me through how this works? If I was wanted for trial in Ireland and happened to be living in, say, Paraguay, or Zambia or Laos, under what terms or what legal format might an extradition take?


Comments

  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Under a mutual surrender agreement.

    The main issue with Lynn was he wasn't wanted on the foot of criminal charges*, merely civil contempt of court.

    *Until recently of course.

    European Arrest Warrant is also an interesting one. See Dolny


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    This is real man on the run stuff but if Ireland has an extradition agreement with Brazil, there's no problem because the Brazilian Policia have their own powers of arrest. Once they exercise those powers within Brazilian law, they are entitled to extend their powers until a country which has a complaint against that person seeks to actually complain against that person, there is no issue

    "We'ew not sure but we think that the entire Irish Nation might want to sue him" could be enough reason for extradition.


  • Registered Users, Registered Users 2 Posts: 6,109 ✭✭✭Cavehill Red


    Thing is that Ireland doesn't have an extradition treaty with Brazil (and is only starting to draw one up). If Lynn is compliant with Brazilian law, on what grounds is he to be arrested and extradited exactly?
    Can someone expand on this idea of mutual surrender agreements? Is there currently one between Ireland and Brazil?


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    My reading* of it is a you scratch my back, we're scratch yours type effort. I'm sure it's more complicated than that but essentially it's a loose agreement. There is currently such an agreement between Ireland and Brazil.

    The situation with Lynn has now changed given there are now criminal charges pending.

    *Reading as in googling - I'll maybe get more informed today if work stays slow :pac:


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Extradition Act, 1965
    8.—(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Government are satisfied that reciprocal facilities to that effect will be afforded by another country, the Government may by order apply this Part in relation to that country.
    So a formal extradition treaty is not required for Ireland to extradite someone to another country, I presume the situation is the same in Brazil.


Advertisement