Analysis of the obstacles of the extradition of economic offenders from Canada

Document Type : Research Paper

Authors

1 Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.

2 Ph.D Student in International Law, Law Department, Law and Political Sciences Faculty, Allameh Tabataba`i University, Tehran, Iran.

Abstract

In recent years, some individuals accused of economic crimes have fled to Canada to evade prosecution, and the Iranian government has been unsuccessful in extraditing them. This study investigates the primary obstacles hindering these extradition efforts, with a focus on identifying and addressing legal impediments.
The hypothesis of this research posits that various political and legal factors contribute to the complexity of the extradition process. Politically, extradition necessitates international cooperation, and extradition requests in both Canadian and Iranian legal systems are often pursued through political channels. The approval of the Canadian Minister of Justice is a crucial political hurdle in the extradition process between the two countries. Legally, the absence of an extradition treaty between Iran and Canada, along with the incompatibility of certain punishments with international human rights standards, such as the Convention against Torture, pose significant obstacles to extraditing criminals from Canada to Iran.
This study begins by defining the  category of "economic crimes." It then analyzes economic crimes as defined in Canadian and Iranian law and examines the extradition procedures in both countries. Subsequently, it explores the political and legal obstacles to extradition between the two countries, paying particular attention to human rights concerns, such as the death penalty and torture, and examining potential solutions within the Iranian legal framework. Furthermore, this study investigates the feasibility of applying extradition rules outlined in international treaties to facilitate the extradition of economic criminals from Canada. The extradition of any criminal, particularly those involved in economic crimes, requires international cooperation and interaction. Most legal systems worldwide share common principles of extradition: the existence of a bilateral or multilateral extradition treaty, the criminality of the act in both the requesting and requested states (dual criminality), the seriousness of the crime, and adherence to human rights considerations.
While both Canadian and Iranian laws provide examples of economic crimes, they lack comprehensive and specific definitions. However, significant similarities exist in the identification of these crimes in both jurisdictions. In cases where an extradition treaty exists (whether permanent or occasional), these similarities play a crucial role in fulfilling the "dual criminality" requirement, a fundamental condition for extradition.
The extradition of criminals from Canada necessitates a thorough review of Canadian domestic extradition law. In Canada, the extradition process involves both judicial and political stages. Canadian extradition law includes a series of optional or mandatory supplementary laws that may prohibit extradition in certain circumstances. Extradition may be denied if it is deemed unfair, unjust, or if it poses a risk of suffering or harassment to the individual. Additionally, the Minister of Justice may oppose extradition if the potential consequences are deemed incompatible with the fundamental principles of justice enshrined in the Canadian Charter of Rights and Freedoms.
A critical aspect of extraditing nationals is the consideration of Canadian law and procedure. Unlike many countries with Roman-Germanic legal systems, Canada may extradite its own citizens under specific conditions outlined in its extradition law. The Iranian government can pursue the extradition of economic criminals who have acquired Canadian citizenship by adhering to Canadian legal procedures. The primary obstacles to extraditing fugitive economic criminals to Canada are primarily political and human rights-related. These obstacles include the lack of an extradition treaty, the absence of reciprocal action between the two countries, concerns regarding dual criminality, and non-compliance with international human rights standards.
The 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits the extradition of individuals to countries where they may face such treatment. Although Iran has not ratified this convention, it has taken steps to address this concern by enacting legislation that allows for the conversion of certain punishments, such as the death penalty, to imprisonment or fines. This empowers courts to issue judgments and convert punishments while providing necessary guarantees to the requesting state. While Iran and Canada have not yet concluded an extradition treaty, Canadian law does not always require a formal treaty for extradition. Canadian courts have established that extradition can proceed based on prior agreements with the requesting country, which may not necessarily involve a formal treaty. Therefore, establishing mutual legal assistance, ensuring compliance with international human rights standards, providing guarantees for fair trial and just punishment, and avoiding the death penalty or torture are crucial steps towards achieving an agreement with Canada.

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References

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