11 May 4 Points on the Extradition Procedure between Italy and the Republic of Guyana
International Lawyer Associates is currently one of the most trained and experienced law firms in the field of extradition cases between Italy and the Republic of Guyana.
They reach such a plausible experience that it is undoubtedly presented in the legal field as a viable option to which to resort to being involved in some extradition litigation. The lawyer Alessandro M. Tirelli, is one of the lawyers who is part of the competent work group that handles the most complex and extensive extradition cases.
The lawyer has represented clients from all over the world and handles extremely complicated cases. It has been part of extradition procedures linked to the Italian State, of all kinds, among which are cases of international drug trafficking and mafia. The lawyer has a very professional history, which guarantees his competence in representing his clients.
The lawyer has represented clients from all over the world and handles extremely complicated cases. It has been part of extradition procedures linked to the Italian State, of all kinds, among which are cases of international drug trafficking and mafia.
1- The Legal System of the State of Guyana.
The Supreme Court has two divisions: the Superior Court, which consists of the President of the Supreme Court and 10 superior judges, with jurisdiction of both first instance and appeal; and the Court of Appeals (established on July 30, 1966), which consists of an equity judge, the President of the Supreme Court and the number of judges prescribed by the National Assembly. The equity judge of the Court of Appeals is the chief judicial officer of the country. The Courts of Magistrates exercise summary jurisdiction in minor civil and criminal matters. It is regulated according to the Anglo-Saxon system of English common law, which together with the Roman-French system, represent the two main systems of law on which the dissimilar judicial systems of the modern era are based.
The Magna Carta of the State of Guyana, Constitution of 1980 stipulates that an ombudsman must investigate irregularities in the government. Although there is an ombudsman, he is not entitled to investigate allegations of inappropriate police behavior. Which represents that there is no independent institution responsible for complaints of police brutality or abuse, which represents a great legislative vacuum for citizens facing some kind of experience of this type, which in summary means a little guarantee element of said system. . The Constitution also establishes an independent judiciary. There are delays in judicial proceedings due to a shortage of trained personnel and resources.
On June 9, 2003, the Caribbean leaders met in Kingston, Jamaica, to ratify a Multilateral Treaty, of great importance in the region, of which Guyana is a party, with which the Caribbean Court of Justice was established, whose first session was scheduled for November 2003. Eight nations - Barbados, Belize, Dominica, Guyana, Jamaica, Saint Lucia, Saint Vincent and the Grenadines and Trinidad and Tobago - officially approved the Caribbean Court of Justice, although a total of 14 countries planned to use it for appeals, although Haiti had agreed to resort to it for the resolution of commercial disputes.
2- What is the Extradition procedure?
Extradition is a mechanism that is used by different countries of the international community, to achieve cooperation between states in the search and prosecution of crime. It is a tool that supports the criminal process, since it allows people to be sentenced for a State other than that in which they were arrested, and also allows individuals once tried and convicted, can serve their sentence in a State different from that in which was imposed on him.
In the Extradition procedure, the intervening parties are called the requesting State and the requested State, the first of which is the one that makes the claim of an individual to another State, and the requested one will obviously be the one to which said claim is addressed, which can access it or reject it and refuse to hand over to the individual under its jurisdiction.
This has a close relationship with the types of extradition between Italy and the Republic of Guyana, since there is Active extradition and passive extradition, the active one refers to that made by the requesting State, due to its position promoting the legal relationship that will begin from your request. While passive extradition, refers to that made by the requested State, once it responds to the request for Extradition made by the requesting State.
3- Causes for which individuals from one State to another can be extradited.
Extradition can occur in the first place, and as is usually the case in most cases, by virtue of some Convention or Extradition Treaty, whether it be multilateral, that is between several signatory countries, or bilateral, which is when perpetrated only between two participating States. Well, in this type of treaties, in the first place, they regulate the reciprocal obligation of the parties to surrender individuals to each other, once they are claimed by one of the contracting parties, in addition, general guidelines and clauses that govern the extradition procedure between those governments are established. who signed it, as well as those crimes under which extradition can proceed and those that cannot.
Although this is the main way by which extradition procedures are carried out, it is not the only one, so if there is no such Treaty it is also possible to carry out the process, as it is important to always leave the possibility open to carry it out, even if it is not through the most feasible way, since the impossibility of carrying out extradition when it is really relevant, just because of the absence of a previous agreement between the parties, would represent a serious impediment in the development of relations international and the pursuit of international crime.
Therefore, based on this foundation, the extradition procedure can be carried out once it is relevant, even if there is no Extradition Treaty between the States concerned, which is materialized through a principle that governs Public International Law and it is the principle of reciprocity, by virtue of which a State treats another as it treats that one, so in this way, if at any given time, a nation demands the delivery of a certain offender for duly accredited interests, and the nation claimed access to said between, although there is no Extradition Agreement, then at a future time, it may make the same request to the other State.
4- The international legislation, on which the State of Guyana bases its international relations and extradition procedures.
- The Constitution of Guyana
- Criminal Law (Offences) Act
- Criminal Law (Procedure) Act
- Prevention of Crimes Act
- Audit Act
- Procurement Act
- Fiscal Management and Accountability Act 2003
- Evidence (Amendment) Act 2008
Mutual judicial assistance in criminal matters
- Anti-Money Laundering and Countering the Financing of Terrorism Act 2009 ENG
- Money Transfer Agencies (Licensing) Act 2009 ENG
- Security Assistance (CARICOM Member States) Act 2007 ENG
- Interception of Communication Act 2008 ENG
- Mutual Assistance in Criminal Matters Act, 2009 ENG
- Fugitive Offenders Act 1998 ENG
- Fugitive Offenders (Amendment) Act 2009 ENG
- Extradition Treaty with Great Britain, 1931-12-22
- Commonwealth Plan for the Delivery of Fugitive Offenders (London Plan), 1966
- Convention for the Suppression of the Illicit Seizure of Aircraft, 1970
- United Nations Convention on Psychotropic Substances, 1971
- International Convention against the Taking of Hostages, 1979
- Reciprocal Assistance System in Criminal Matters within the Commonwealth (Harare System), 1986
- United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
- Model Treaty of Reciprocal Assistance in Criminal Matters (Adopted by the General Assembly as resolution 45/117 according to the recommendation of the Eighth Congress on Crime Prevention and Treatment of Offenders of December 14, 1990)
- Inter-American Convention on Mutual Assistance in Criminal Matters, 1992
- Inter-American Convention against Corruption of June 29, 1996
- Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials, of November 14, 1997
- International Convention for the Suppression of the Financing of Terrorism, 1999
- United Nations Convention against Transnational Organized Crime, 2000
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Complementing the United Nations Convention against Transnational Organized Crime, 2000
- Protocol against the Illicit Traffic of Migrants by Land, Sea and Air, Complementing the United Nations Convention against Transnational Organized Crime, 2000
- Protocol against the Illicit Manufacturing and Trafficking of Firearms, their Parts and Components and Ammunition, Complementing the United Nations Convention against Transnational Organized Crime, 2001
- Inter-American Convention against Terrorism, of June 3, 2002
- United Nations Convention against Corruption of December 9, 200
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Attorney Alexandro Tirelli understood my case and resolved it, thank you very much.
- Hernán Pastore
- William Sanchez