SOAS Research Online

Abstract

The present thesis is essentially a study of extradition law and practice in Egypt and other Arab States. It is a study of case law and relevant statutory provisions on the subject. Cases dealing with similar problems in English, American and Civil Law countries have been taken into consideration. The introduction dwells upon the importance of extradition in modern times, as well as the new forms of mutual assistance in criminal matters which have emerged between groups of nations having geographical or political affinity. Chapter I gives the details of the historical background to extradition in the Ancient Egyptian times, Islamic Law, as well as during the period of the 19th Century when Egypt was under the suzerainty of the capitulation system. Chapter II deals with the sources of extradition, which is preceded by a discussion on the continued enforcement of extradition treaties concluded by Egypt prior to the Montreux Convention, 1937, and the problems of state succession. Dealing with the substantive law of extradition. Chapter III covers the acts for which extradition can be granted with details of territorial jurisdiction and its extensions, as well as the principle of double criminality. In Chapter IV, restrictions on extradition have been considered, including exclusion of surrender for reasons relating to the nature of the offence, the nationality of the claimed person, the type of punishment to be inflicted in the requesting state, and for other procedural grounds such as "Non B is in Idem" and prescription of the offence or punishment. Chapter V covers the legal procedures for extradition, giving details of the different authorities responsible for examining requests for surrender In Egypt and other Arab States, and the quantity of prima facie evidence of guilt required therein. Chapter VI deals with the effects of extradition in which there are certain limitations upon the requesting state, such as the rule of speciality and re-extradition to a third state. Chapter VII offers a distinction between extradition, deportation, abduction, demanding prosecution of the person requested, domestic execution of foreign penal judgments and the right of asylum. The Resolutions adopted by the Tenth International Penal Law Congress in Rome, 1969, on Question IV (Extradition) have also been considered; in particular , those on the role and rights of the individual In the extradition system and specific human rights guarantee. Suggestions have been made towards the enactment of a new Extradition Law in Egypt; amending the framing of rules under the laws of Arab States; making the role of Interpol more effective in this field and recognizing the Human Rights of the individual.