Mutual Legal Assistance and Extradition: Human Rights Implications

Abstract:     
Crime in China has taken on an increasingly transnational dimension. In part this is due to the cross-border nature of certain crimes, such as smuggling and drug trafficking. In other situations, the crimes are committed solely within China but the suspects flee, sometimes with the alleged fruits of the crime in hand. In either case, there is a need for cooperation between Chinese and foreign law enforcement and judicial authorities. This cooperation comes in many forms. China’s Ministry of Justice lists three major avenues for cooperation in criminal matters: 1) bilateral judicial-assistance treaties, 2) multilateral conventions with provisions on judicial assistance and extradition, and 3) cooperation in individual cases with countries that have not concluded a treaty with China. This article focuses on bilateral treaties and their relevance to the protection of human rights, including issues presented by politicized prosecutions, limits on criminal defendants’ access to evidence, and cases where criminal defendants may face the death penalty in China.

Number of Pages in PDF File: 17

Keywords: China, mutual legal assistance, extradition, criminal justice

Accepted Paper Series