Essay on Fight Aganist Transnational Organized Crimes

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1. Introduction

Human Rights passed the important stages of development since 2nd World War and became an influential factor in international relations. At the same time, transnational crime has showed a significant increase. In this sense, the international community has reacted by establishing strong legal mechanisms and intensifying the preparation process of international agreements for the creation of a more favorable climate. Extradition is regarded as an effective tool in the fight against transnational organized crimes. Inevitable, there are divergences on the inclusion of human rights through the extradition process in terms of international treaties and domestic laws of the countries. More importantly extradition process …show more content…

With the inherent difficulties of bilateral mechanisms and implications of obligations, there has been an increasing resort to regional and possible universal regulation systems in the context of extradition. Notwithstanding important points, there are significant controversial arguments, divergences between regional and bilateral treaties which cover basically human rights aspect of extradition procedure. However, main regulations of current treaties play an important role to define the categories of extraditable offences, obligations of states and human rights aspect of extradition at international and regional level. As one of the first regional instruments for extradition, European Convention on Extradition signed in 1957 serves for harmonization of extradition relations and development of mutual assistance amongst European states. Under this regional mechanism, states have to be more sensitive for human rights factor while extraditing suspects more than ever. Article 11 of the European Convention on Extradition which excludes extradition unless the requesting Party gives reasonable assurance that death penalty will not be executed. Furthermore, the fact that this convention is unable to limit the political application of political crimes which opens opportunities to abuse by subjects. The European Union Members achieved to tackle this problem by signing the European Convention on the Suppression of Terrorism which entered into force in 1977. Outside

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