Without a treaty, extradition becomes a political rather than a legal process, so the chances of Snowden`s eventual return to the United States remain unpredictable depending on the outcome of diplomatic and foreign policy negotiations. OIA lawyers are experts on extradition, and the OIA is responsible for ensuring that the government`s position remains consistent in such cases. Federal prosecutors must consult with the OIA on issues raised by a refugee upon return to the United States regarding his or her extradition. See 7 FAM 1613.4(c) (“For political reasons, the United States will no longer negotiate new extradition treaties if the partner country is unwilling or unable to commit to extraditing nationals.”). Extradition procedures are usually determined by the terms of treaties between different countries or by multilateral agreements between groups of countries, such as the countries of the European Union. The United States has extradition treaties with more than 100 countries. In some cases, courts considering extradition from one State to another may go beyond procedural formalities and consider the merits of the criminal complaint or the defendant`s allegations that extradition will result in adverse consequences beyond imprisonment. These cases are rare because states do not have the power under the U.S. Constitution to review the underlying indictment.
This problem occurred in New Mexico ex rel. Ortiz v. Reed, 524 U.S. 151, 118 p. Ct. 1860, 141 L. Ed. 2d 131 (1998), in which the State of New Mexico refused to return a refugee to the State of Ohio. Risk of suicide: Cases where there is a risk of suicide of the person have also invoked Article 8, as the public interest in extradition must be considered in the light of the risk of suicide of the person in the event of extradition.
In Jason v. Latvia, extradition was refused on these grounds, as the offence for which the person was wanted was not sufficient to outweigh the high risk of suicide that had been deemed to be present for the person in the event of extradition.  If OIA determines that the request is sufficient, it forwards it to the Department of Foreign Affairs for further consideration.47 Since all extradition requests must be made through diplomatic channels, the request will only be pursued if the Department of State agrees that it is sufficient.48 If the request completes this second review, the Ministry of Foreign Affairs will send an instruction to the foreign courier concerned.49 Prosecutors may not formally or informally agree to prevent or delay extradition or expulsion unless they make a written request for authorization and receive the express written permission of the Deputy Attorney General of the Criminal Division. Applications should be submitted to the Office of International Affairs (BAI) after approval by the Head of section responsible for follow-up of the case or the office responsible for following up on the case. Although not explicit, most treaties provide that an extraditable crime must be a crime under the law in both jurisdictions. This is called the doctrine of double criminality. The name by which the crime is described in the two countries does not have to be the same, and the sentence must not be the same; The requirement of dual criminality is simply met if the act of the accused in question is punishable in both jurisdictions (Collins v. Loisel, 259 U.S. 309, 42 pp. Ct. 469, 66L.
Ed. 956 ). However, for each of these well-known cases handled by authorities around the world, U.S. diplomatic and law enforcement agencies have processed dozens of large but lesser-known extradition requests to the United States and the United States as part of regular international law enforcement cooperation. Delivery from foreign residents can take several months or even years. The United States works with foreign authorities to locate wanted persons and then request their extradition. However, the extradition case is dealt with by foreign authorities before foreign courts. Once the extradition request has been filed with the foreign government, the United States does not control the pace of the process.
Even if there are no immediate legal obstacles to extradition, it may take several months or even years before the extradition request is heard by a court and the executive branch makes a decision to surrender. Extradition requests are initiated by the prosecutor responsible for possible prosecution in the United States and must be reviewed and approved by the BSI before being referred to the Department of State.44 Human rights as an obstacle to extradition may be invoked with respect to the treatment of the person in the recipient country, including trial and conviction, and the impact on the person`s family; if extradition is granted. The repressive nature and restrictions on the freedoms imposed on a person are part of the extradition procedure and the reason for these exceptions and the importance of respect for human rights in extradition proceedings. Therefore, human rights protected by international and regional agreements can serve as a basis for rejecting extradition requests, but only as independent exceptions.  While human rights concerns may increase the complexity of extradition cases, they are positive in contributing to the legitimacy and institutionalization of the extradition system.  As a general rule, countries grant extradition only if the alleged offence is punishable in both countries. In addition, most countries refuse to extradite people accused of certain political crimes such as treason, sedition and espionage. Some countries also apply exemptions for dual risks and refuse to extradite people who have already been punished for the crime in question. Less significant problems may arise due to the different qualifications for crime. For example, in the United States, crossing state borders is a requirement for certain federal crimes (if not crimes such as murder, etc.). are managed by state governments, except in certain circumstances such as the murder of a federal official) [citation required].