A Guardian guide to
Extradition
The official surrender of an alleged criminal by one state or nation to another.
On Sunday June 14, the United States filed criminal charges against Edward Snowden for his role in the release of top-secret National Security Agency documents. The documents, unsealed on June 21, revealed three separate charges against Snowden. Two of the charges, "unauthorized communication of National Defense Information" and "willful communication of classified communications intelligence information to an unauthorized person" fall under the Espionage 1917 Act. Snowden is also charged with theft of government property. Each charge carries up to 10 years in jail.
The charges were followed by the US State Department filing extradition papers to the Hong Kong government, where Snowden had traveled before revealing himself to be the source of the leaks.
The charges were followed by the US State Department filing extradition papers to the Hong Kong government, where Snowden had traveled before revealing himself to be the source of the leaks.
Bilateral extradition treaties with the United States click to view treaty
In addition to the original treaty, many countries have one or more supplements or protocols with the US.
The anatomy of an extradition treaty
Each extradition treaty is unique, but most contain some standard provisions.
Extradition treaties are negotiated by the goverments of the two countries, in this case Ecuador and the United States. The US president submits an extradition treaty to the Senate for 'advice and consent' before formally ratifying the treaty. In addition to the original treaty, many countries have one or more supplements or protocols with the US. Supplements and protocols usually are used to expand or narrow the scope of extraditable offenses.
US extradition treaty with EcuadorMany extradition treaties allow the requested country to deny extradition if the person to be surrendered would face the death penalty for a crime that is not punishable by death in the requested country.
US extradition treaty with Hong KongExtradition treaties typically include a clause that allows the requested party to deny extradition based on 'political offenses'. However, the definition of political offenses and the tests used to them vary throughout the world.
US extradition treaty with IcelandOlder extradition treaties provide a list of extraditable offenses. These offenses are often updated over the years with a series of supplements or protocols. Newer treaties provide that if the offense is a crime in both coutries, and potential punishment is more than one year, it is an extraditable offense.
US extradition treaty with Hong KongFor Snowden, limited options
The United States has extradition treaties with more than 120 countries all over the world. The first extradition treaty enacted was with Ecuador in 1873, and recently treaties with Romania, Bulgaria and Malta have gone into effect. A look at some of Snowden's options after withdrawing his request for asylum from Russia.
Bolivia
President Evo Morales has said that Bolivia would "consider the idea" of granting Snowden asylum. Upon returning from a conference in Russia, Morales' plane was diverted under suspicion that Snowden was aboard.Venezuela
Venezuelan president Nicolas Maduro is currently in Russia, raising the possibility that Snowden is granted asylum and flown back on a government airplane. Maduro has said Snowden has done "a favour to humanity".Iceland
Iceland has progressive laws on the protection of sources. WikiLeaks also uses Iceland as a technological safe haven, routing internet traffic through the country. Iceland has not responded to Snowden's request for asylum.Sources: McNabb Associates