The article is written by Dr. Malik P.hD and Irfan Malik LLB.
Introduction
Extradition plays an important role regarding international laws and allows different countries to work together to arrest criminals who have crossed borders (Gilbert, 2022). This function ensures that no person is able to escape punishment or trial by simply moving to a different region. One of the main issues of transnational crime is the lack of a bilateral extradition treaty between Pakistan and the United Kingdom (HRW, 2021). This article attempts to justify this gap, the logistics of transferring criminals from the United Kingdom to Pakistan, as well as pros and cons of the extradition treaties. These topics illustrate the complexities of international justice and why nations need to legally cooperate with one another more robustly.
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Understanding Extradition
Extradition is a defined legal activity in international relations, whereby one state surrenders a person to another state to stand trial or to serve a sentence stemming from court issued for criminal actions (Psilakis, et al., 2019). Moreover, it is an essential aspect of international legal cooperation in the fight against crime. Terrorism, drug trafficking, and financial fraud are some of the international transnational crimes. Typically, it is regulated by bilateral agreements and national legislations, as well as international treaties like the United Nations Convention against Transnational Organised Crime (UNODC, 2000).
The principles of extradition include dual criminality (the act must be a crime in both countries), proportionality (the crime must be serious enough to warrant extradition), and respect for human rights (ex. ensuring the person will not face torture or ill treatment) (Maffei 2019). Extradition treaties, in principle, should provide a framework for this process, but in their absence, countries resort to alternative solutions like deportation and mutual legal aid assistance. Extradition is critical in international relations; however, it tends to raise issues concerning human right abuses and political exploitation, which necessitates extensive legal and ethical scrutiny.
Extradition to Pakistan – Why No Treaty?
The lack of a mutual legal aid treaty is between Pakistan and the United Kingdom is one of the most critical deficits in terms of international law as well as international diplomacy (Shakeel, 2023). This lack of a formal agreement has made it challenging to address cases involving transnational crime, such as terrorism, money laundering, and drug trafficking. Several factors contribute to the absence of an extradition treaty between the two nations.
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- Political and Diplomatic Challenges: Historically, Pakistan and the UK have had a complex relationship shaped by colonial history, geopolitical tensions, and differing foreign policy priorities. Whilst the two countries maintain diplomatic ties, issues such as Pakistan’s alleged support for militant groups and the UK’s concerns about governance and corruption have created mistrust, hindering the establishment of an extradition treaty (Sherin, 2023). For instance, Pakistan has been on the Financial Action Task Force’s (FATF) “grey list” for failing to curb money laundering and terrorist financing, which has further strained its international relations (FATF, 2021).
- Human Rights Concerns: The United Kingdom has been at the forefront in regard to human rights and abuse laws, especially when hearing out actions that require extradition. Amnesty International has openly condemned Pakistan’s judicial and prison system for being subpar in basic human rights provision in comparison to the rest of the world. According to Amnesty International’s 2020 report, decision backlog exceeds 2 million. In addition, Pakistan’s decision to shred pretrial detention limitations aggravates prison overpopulation (Amnesty International, 2023).
- Legal and Bureaucratic Hurdles: Negotiating an extradition treaty requires significant legal and bureaucratic effort, including aligning legal systems and addressing jurisdictional issues. Pakistan’s evolving legal framework and the UK’s complex extradition laws have made it difficult to reach a consensus on the terms of a treaty (Pakistani.org, 2025). For example, the UK has extradition treaties with over 100 countries, but none with Pakistan, highlighting the unique challenges in this bilateral relationship (GOV.UK, 2023).
- Lack of Mutual Trust: Extradition treaties are built on mutual trust and cooperation. However, past disputes, such as allegations of Pakistan harboring fugitives or the UK’s reluctance to extradite individuals of Pakistani origin, have eroded trust. This lack of mutual confidence has stalled efforts to establish a formal agreement (Dawn, 2020).
Deporting Criminals from the UK to Pakistan
Without an extradition treaty, the UK approaches Pakistan with an option for simply deporting the criminals under alternative legal channels. Whilst these mechanisms do not clone traditional legal systems, they do offer a solution to cross border crime for people who endanger public order.
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- Immigration Laws: One method that is frequently used for deporting individuals to Pakistan is through immigration laws. United Kingdom is permitted to expel people who have breached immigration laws by, for example, overstaying their visas or illegally entering the country. In 2022 UK deported more than three thousand people to Pakistan under immigration laws (Zaman 2022). It is worth noting that this procedure fails to resolve the underlying criminal liability since immigration laws deportations are not the same as extradition processes.
- Mutual Legal Assistance Treaties (MLATs): The UK and Pakistan have a Mutual Legal Assistance Treaty, which allows them to share evidence and cooperate in criminal investigations. Whilst MLATs do not facilitate the transfer of individuals, they enable law enforcement agencies to build cases and prosecute criminals in their respective jurisdictions. For example, in 2021, UK authorities provided information to Pakistan regarding the activities of an international drug smuggling syndicate which resulted in the arrest of 15 persons (GOV.UK 2021).
- Ad Hoc Arrangements: In exceptional cases, the UK and Pakistan may negotiate ad hoc arrangements for the surrender of individuals. These arrangements are typically used in high-profile cases where both countries have a shared interest in ensuring justice. For example, although no formal extradition treaty exists, Section 194 of the UK Extradition Act 2003 allows for special “ad hoc” extradition arrangements. However, such cases are rare, with only a handful of ad hoc extraditions occurring over the past decade (Shah, 2017).
- Challenges in Deportation: Deporting individuals to Pakistan is not without challenges. Human rights concerns, such as the risk of torture or unfair trials, often complicate the process. According to a 2021 report by Human Rights Watch, Pakistan’s prisons operate at 130% capacity, with widespread reports of abuse and inadequate medical care (Human Rights Watch, 2021). These conditions have led to legal challenges in UK courts, delaying or preventing deportations in some cases.
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Advantages and Disadvantages of Extradition Treaties
Extradition treaties are valuable instruments in the fight against transnational and international crimes, yet they also have merits and demerits. It is important to balance these factors so that the application of the treaties do not pose threats to justice.
Advantages of Extradition Treaties
- Streamlined Legal Process: Extradition treaties offer a systematic method for the transfer of people between nations which reduces legal misconceptions and ensures that extradition requests are executed effectively. For instance, the United Kingdom’s extradition treaty with the United States has enabled the movement of more than 100 people after 2007, including well-known individuals like hacker Gary McKinnon (GOV.UK, 2021).
- Enhanced Bilateral Relations: Extradition treaties are an expression of trust and cooperation between countries which strengthens diplomatic relationships and goodwill exchange. For example, the European Arrest Warrant (EAW) significantly has simplified extradition across EU countries which leads to better collaboration in the fight against crime (European Commission, 2020).
- Deterrence of Transnational Crime: Extradition treaties help in preventing criminals from escaping justice by moving to another nation. This is especially significant in terrorism, drug trafficking and complex financial frauds. For instance, the agreement is best exemplified by the transfer of Mexican drug lord Joaquín “El Chapo” Guzmán to the United States which was made possible through a bilateral treaty which established an example for worldwide cooperation (BBC, 2016).
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Disadvantages of Extradition Treaties
- Human Rights Concerns: Extradition treaties pose severe human rights challenges when people are extradited to countries that do not respect human rights. This is the case for the UK where the courts have been heavily criticised for extraditing people to other countries that have a record of torture and unfair trials. In 2021, the European Court of Human Rights did not allow the extradition of a suspect to Pakistan due to torture and prison concerns (Amnesty International, 2023).
- Potential for Political Abuse: Extradition treaties can be abused for the persecution of political dissidents including placing undue political pressure on a country’s government. For instance, the unjust claim of Julian Assange being a political refugee and the subsequent politically motivated attempt to extradite him from his domicile in UK to USA has raised a lot of concern (BBC, 2024).
- Legal Complexity and Costs: Extradition cases can be lengthy, complex, and expensive, involving multiple legal jurisdictions and appeals. For example, the extradition process for British businessman Mike Lynch to the US has spanned several years and cost millions of pounds in legal fees (Jordan, 2023).
Conclusion
Extradition is essential in dealing with crimes that cross borders. However, the lack of a treaty between Pakistan and the UK poses severe problems. Other options like deportation or mutual legal assistance are available but they rarely suffice in delivering justice. Formulating an extradition treaty would simplify the process and boost the stature of both states, but concerns related to human rights and legal impartiality would need to be properly addressed. In an increasingly globalised world, international collaboration in justice and other security matters is paramount. A balanced approach that prioritises both accountability and human rights is essential for building a fair and effective global justice system.
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References
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Maffei, S. (2019). Extradition law and practice : concept and famous cases. Amsterdam: Europa Law Publishing.
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Shakeel, A. (2023). The extradition law | Dialogue | thenews.com.pk. [online] Thenews.com.pk. Available at: https://www.thenews.com.pk/tns/detail/1108003-the-extradition-law
Sherin (2023). British lawyers weigh pros and cons of extradition treaty with Pakistan. [online] EasternEye. Available at: https://www.easterneye.biz/british-lawyers-weigh-pros-and-cons-of-extradition-treaty-with-pakistan/
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Zaman, A. (2022). UK signs landmark agreement with Pakistan for removal of overstayers and criminals. [online] Cranbrook Legal. Available at: https://www.cranbrooklegal.com/uk-signs-landmark-agreement-with-pakistan-for-removal-of-overstayers-and-criminals/
Psilakis, A., Plachta, M. and Zagaris, B., 2019. Extradition. IELR, 35, p.209.
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The article is written by Dr. Malik P.hD and Irfan Malik LLB.
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