When the government wants to extradite a fugitive from another country, they must follow the procedures set forth in their treaty with that country. The process starts when the requesting nation gives the State Department the necessary paperwork, which often includes charging documents, an arrest warrant and evidence. Depending on the situation, it may also include a request for a provisional arrest. The Secretary of State decides whether to pass the case on to the Justice Department, which reviews the request for treaty compliance and obtains an arrest warrant.
Ultimately, the case will be reviewed by a federal district court, which must determine that there is probable cause to believe that the person committed the offense alleged in the request. This hearing is different than a regular trial in that an individual’s rights are more limited and the court cannot conduct a fact-finding effort or independently evaluate the evidence. Upon a finding of probable cause, the court certifies the extradition.
The fugitive is then brought to the requesting country to stand trial, where the prosecutor will present their case. The fugitive’s defense counsel will have the opportunity to argue that there is insufficient evidence and should not be extradited. During this phase, human rights concerns are frequently considered. The fugitive must be assured that they will receive a fair trial in the requesting jurisdiction, that they will not face torture or other inhumane treatment and that the punishment would be proportional to the offense.