The political offence exception
Many treaties bar extradition for political offences, and for ordinary charges brought to punish a person for political opinion, race, religion or nationality.
- Article 3 of the European Convention on Extradition bars extradition for political offences or connected offences, and where an ordinary charge is really aimed at punishing a person for race, religion, nationality or political opinion.1
- The same article says taking or attempting to take the life of a head of state or a member of the family is not treated as a political offence.1
- UK law contains a related bar for extraneous considerations, in section 13 for category 1 territories and section 81 for category 2 territories of the Extradition Act 2003.2
- Claims that a case is political also arise in practice. After a Thai appeals court ordered Viktor Bout's extradition in 2010, Russia's foreign minister called it a political decision, according to the Washington Post.3
Sources
- Council of Europe, European Convention on Extradition (ETS No. 24), Paris, 13 December 1957 (13 December 1957)
- legislation.gov.uk (The National Archives), Extradition Act 2003, contents (27 October 2026)
- The Washington Post, Thai court orders extradition of alleged Russian arms dealer Viktor Bout (21 August 2010)