Written answers

Thursday, 20 February 2014

Department of Justice and Equality

Extradition Arrangements

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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208. To ask the Minister for Justice and Equality if Ireland's legally binding obligations under the United Nations convention against torture, Article 3.1, prohibit the State from extraditing a person wanted on alleged terrorist offences to the USA. [7993/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to the provisions of the Extradition Act 1965, as amended.

Section 11(2A) of the Act provides that extradition shall not be granted for an offence where there are substantial grounds for believing that, if the request for extradition is granted, the person claimed may be subjected to torture.

Section 33(3) of the Act 1965, as amended, provides that I, as Minister for Justice and Equality, shall not make an order for the surrender of a person where I am of the opinion that the extradition of the person whose surrender is requested would involve transit through any territory where there is reason to believe that he may be subjected to torture.

Section 19 of the Act provides that extradition shall not be granted for an offence which is punishable by death under the law of the requesting country. Where an offence is punishable by death extradition shall not be granted unless the requesting country gives such assurance as I, as Minister for Justice and Equality, consider sufficient that the death penalty will not be carried out.

I trust this information addresses the Deputy’s query.

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