132-575: Sir Charles Bagot , GCB , PC (23 September 1781 – 19 May 1843) was a British politician, diplomat and colonial administrator. He served as ambassador to the United States, Russia, and the Netherlands. He served as the second Governor General of the Province of Canada from 1841 to 1843. Bagot was the second son of William Bagot, 1st Baron Bagot , of Blithfield Hall , Staffordshire , and
264-413: A jus cogens principle. Professor Michael Kelly, citing Israeli and Austrian judicial decisions, has noted that "there is some supporting anecdotal evidence that judges within national systems are beginning to apply the doctrine on their own". The refusal of a country to extradite suspects or criminals to another may lead to international relations being strained. Often, the country to which extradition
396-424: A Hittite king , Hattusili III . The consensus in international law is that a state does not have any obligation to surrender an alleged criminal to a foreign state, because one principle of sovereignty is that every state has legal authority over the people within its borders. Such absence of international obligation, and the desire for the right to demand such criminals from other countries, have caused
528-471: A French citizen commits a crime abroad and then returns to their home country, often being perceived as doing so to avoid prosecution. These countries, however, make their criminal laws applicable to citizens abroad, and they try citizens suspected of crimes committed abroad under their own laws. Such suspects are typically prosecuted as if the crime had occurred within the country's borders. The usual extradition agreement safeguards relating to dual-criminality,
660-521: A bargaining chip over a rival state. Some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face torture . A few go as far as to cover all punishments that they themselves would not administer. Jurisdiction over a crime can be invoked to refuse extradition. Several countries, such as Austria, Brazil, Bulgaria, Czechia (the Czech Republic), France, Germany, Israel, Japan, Morocco, Norway,
792-517: A beaver overcoat and a racing mare from his master, as well as a gold watch and a saddle from two others, and fled to Canada West. Hacket's master caught up with him in Chatham, Ontario , and Hacket was jailed. Governor-General Bagot ruled Hacket had committed a crime by stealing items not necessary for his escape, and for this reason he was extradited. The public in Canada West, as well as abolitionists in
924-525: A global extraordinary rendition programme, which from 2001 to 2005 captured an estimated 150 people and transported them around the world. The alleged US programme prompted several official investigations in Europe into alleged secret detentions and illegal international transfers involving Council of Europe member states. A June 2006 report from the Council of Europe estimated 100 people had been kidnapped by
1056-517: A hiatus of ten years from diplomatic service, Bagot agreed to succeed Lord Sydenham as governor general of the newly proclaimed Province of Canada . He was chosen because of his diplomatic knowledge of the United States. Bagot was appointed 27 September 1841, and arrived in the Canadian capital Kingston on 10 January 1842, taking office two days later. Bagot was ordered by the British government to resist
1188-700: A main thoroughfare in downtown Kingston, is named in his memory. Mount Bagot , a mountain on the Canada-US border, is named in his honor. Bagot married Lady Mary Charlotte Anne Wellesley, daughter of William Wellesley-Pole, 3rd Earl of Mornington on 22 July 1806. Together they had: The family accompanied their parents to Canada, on Bagot's appointment as Governor-General of British North America on 12 January 1842. After her husband's death at Kingston, on 18 May 1843, she accompanied his remains to England. She died in London on 2 February 1845. Knight Grand Cross of
1320-399: A number of case. This is in part because torture evidence threatens the "integrity of the trial process and the rule of law itself." Human rights as a bar to extradition can be invoked in relation to the treatment of the individual in the receiving country, including their trial and sentence as well as the effect on family of the individual if extradition is granted. The repressive nature and
1452-399: A person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement . It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to
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#17328525356161584-483: A recent holder of the office of Garter King of Arms, wrote of Anstis's motivations: It was Martin Leake's opinion that the trouble and opposition Anstis met with in establishing himself as Garter so embittered him against the heralds that when at last in 1718 he succeeded, he made it his prime object to aggrandise himself and his office at their expense. It is clear at least that he set out to make himself indispensable to
1716-509: A red ring bearing the motto of the Order in gold letters. The circle is flanked by two laurel branches , and is above a scroll bearing the words Ich dien (older German for 'I serve') in gold letters. Stylised versions of this are known as Bath stars , and are used as epaulette pips to indicate British Army officer ranks and for police ranks . The star for civil Knights and Dames Grand Cross consists of an eight-pointed silver star, without
1848-451: A scroll bearing the words Ich dien in gold letters. The civil badge is a plain gold oval, bearing three crowns on the obverse side, and a rose, a thistle and a shamrock , emanating from a sceptre on the reverse side; both emblems are surrounded by a ring bearing the motto of the Order. On certain ' collar days ' designated by the Sovereign, members attending formal events may wear
1980-551: A symbol of purification ) was an element. While not all knights went through such an elaborate ceremony, knights so created were known as "knights of the Bath". George I constituted the Knights of the Bath as a regular military order . He did not revive the order, which did not previously exist, in the sense of a body of knights governed by a set of statutes and whose numbers were replenished when vacancies occurred. The Order consists of
2112-484: A web of extradition treaties or agreements to evolve. When no applicable extradition agreement is in place, a state may still request the expulsion or lawful return of an individual pursuant to the requested state's domestic law. This can be accomplished through the immigration laws of the requested state or other facets of the requested state's domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing for extradition to take place in
2244-466: A well-defined system of three-tiered governance—federal, provincial, and municipal—came into being in Ontario and Quebec. While serving as governor-general, Bagot ordered the first criminal extradition of a fugitive slave to the United States from Canada West. The fugitive in question, Nelson Hacket (or Hackett), had been valet and butler to a wealthy Arkansas slave owner. In 1841, Hacket allegedly stole
2376-479: Is Roman Polanski whose extradition was pursued by California for over 20 years. For a brief period he was placed under arrest in Switzerland, however subsequent legal appeals there prevented extradition. The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law . Typically, in such countries, the final decision to extradite lies with
2508-455: Is a gold Maltese Cross of eight points, enamelled in white. Each point of the cross is decorated by a small gold ball; each angle has a small figure of a lion. The centre of the cross bears three crowns on the obverse side, and a rose, a thistle and a shamrock , emanating from a sceptre on the reverse side. Both emblems are surrounded by a red circular ring bearing the motto of the Order, which are in turn flanked by two laurel branches, above
2640-571: Is a part of the China–United States trade war , which is political in nature. A proposed Hong Kong extradition law tabled in April 2019 led to one of the biggest protests in the city's history , with 1 million demonstrators joining the protests on 9 June 2019. They took place three days before the Hong Kong government planned to bypass the committee process and bring the contentious bill straight to
2772-468: Is an extrajudicial procedure in which criminal suspects, generally suspected terrorists or supporters of terrorist organisations, are transferred from one country to another. The procedure differs from extradition as the purpose of the rendition is to extract information from suspects, while extradition is used to return fugitives so that they can stand trial or fulfill their sentence. The United States' Central Intelligence Agency (CIA) allegedly operates
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#17328525356162904-445: Is an example of when the public interest for allowing extradition outweighed the best interests of the children. In this case both parents were being extradited to Italy for serious drug importation crimes. Article 8 does not only address the needs of children, but also all family members, yet the high threshold required to satisfy Article 8 means that the vulnerability of children is the most likely circumstance to meet this threshold. In
3036-464: Is at Cambridge University Library (shelfmark Munby.c.149(10)). Today, he is chiefly remembered for his role in developing the Residential school system, his contributions to the development of the "undefended border" between the United States and Canada, and for fostering more cooperative and positive political relations between the two main colonial groups of British and French settlers. Bagot Street,
3168-521: Is committed by treaty, and often by legal and constitutional provisions, to the right to a fair trial, and because every EU member-state is subject to the European Convention on Human Rights . The federal structure of some countries, such as the United States , can pose particular problems for extraditions when the police power and the power of foreign relations are held at different levels of
3300-507: Is found that fair trial standards will not be satisfied in the requesting country this may be a sufficient bar to extradition. Article 6 of the ECHR also provides for fair trial standards, which must be observed by European countries when making an extradition request. This court in the Othman case, whom if extradited would face trial where evidence against him had been obtained by way of torture. This
3432-461: Is in turn larger than the Companion's badge; however, these are all suspended on a crimson ribbon. Knights and Dames Grand Cross wear the badge on a riband or sash, passing from the right shoulder to the left hip. Knights Commander and male Companions wear the badge from a ribbon worn around the neck. Dames Commander and female Companions wear the badge from a bow on the left side: The military badge
3564-437: Is made of black velvet ; it includes an upright plume of feathers . The collar , worn only by Knights and Dames Grand Cross, is made of gold and weighs 30 troy ounces (933 g) . It consists of depictions of nine imperial crowns and eight sets of flowers ( roses for England, thistles for Scotland, and shamrocks for Ireland), connected by seventeen silver knots. On lesser occasions, simpler insignia are used: The star
3696-460: Is not entirely clear. The 'three joined in one' may be a reference to the kingdoms of England , Scotland , and either France or Ireland , which were held (or claimed in the case of France ) by English and, later, British monarchs. This would correspond to the three crowns in the badge. Another explanation of the motto is that it refers to the Holy Trinity . Nicolas quotes a source (although he
3828-468: Is particularly relevant to extradition. Although regional, the European Convention of Human Rights has also been invoked as a bar to extradition in a number of cases falling within its jurisdiction and decisions from the European Court of Human Rights have been a useful source of development in this area. A concept related to extradition that has significant implications in transnational criminal law
3960-438: Is refused will accuse the other country of refusing extradition for political reasons (regardless of whether or not this is justified). A case in point is that of Ira Einhorn , in which some US commentators pressured President Jacques Chirac of France, who does not intervene in legal cases, to permit extradition when the case was held up due to differences between French and American human rights law. Another long-standing example
4092-452: Is sceptical of it) who claims that prior to James I the motto was Tria numina juncta in uno (three powers/gods joined in one), but from the reign of James I, the word numina was dropped, and the motto understood to mean Tria [regna] juncta in uno (three kingdoms joined in one). The prime mover in the establishment of the Order of the Bath was John Anstis , Garter King of Arms , England's highest heraldic officer. Sir Anthony Wagner ,
Charles Bagot - Misplaced Pages Continue
4224-490: Is that of aut dedere aut judicare . This maxim represents the principle that states must either surrender a criminal within their jurisdiction to a state that wishes to prosecute the criminal or prosecute the offender in its own courts. Many international agreements contain provisions for aut dedere aut judicare . These include all four 1949 Geneva Conventions , the U.N. Convention for the Suppression of Terrorist Bombings ,
4356-584: Is the Great Master, of which there have been ten: Originally a Prince of the Blood Royal, as the Principal Knight Companion, ranked next after the sovereign. This position was joined to that of the Great Master in the statutes of 1847. The Great Master and Principal Knight is now either a descendant of George I or 'some other exalted personage'; the holder of the office has custody of the seal of
4488-399: Is the list treaty, which contains a list of crimes for which a suspect is to be extradited. Dual criminality treaties generally allow for the extradition of a criminal suspect if the punishment is more than one year imprisonment in accordance with the laws of both countries. Occasionally the length of the sentence agreed upon between the two countries is varied. Under both types of treaties, if
4620-426: Is used only by Knights and Dames Grand Cross and Knights and Dames Commander. Its style varies by rank and division; it is worn pinned to the left breast: The star for military Knights and Dames Grand Cross consists of a Maltese Cross on top of an eight-pointed silver star; the star for military Knights and Dames Commander is an eight-pointed silver cross pattée. Each bears in the centre three crowns surrounded by
4752-551: The Earl Marshal , which was not hard, their political principles being congruous and their friendship already established, but also to Sir Robert Walpole and the Whig ministry, which can by no means have been easy, considering his known attachment to the Pretender and the circumstances under which he came into office. ... The main object of Anstis's next move, the revival or institution of
4884-651: The Gulf War . A more controversial member of the Order was Robert Mugabe , whose honour was stripped by the Queen, on the advice of the Foreign Secretary , David Miliband , on 25 June 2008 "as a mark of revulsion at the abuse of human rights and abject disregard for the democratic process in Zimbabwe over which President Mugabe has presided." Honorary members do not count towards the numerical limits in each class. In addition,
5016-742: The Order of the Garter ). Foreign generals are also often given honorary appointments to the Order, for example: Marshal Ferdinand Foch and Marshal Joseph Joffre during the First World War ; Marshal Georgy Zhukov , King Abdul-Aziz of Saudi Arabia , General Dwight D. Eisenhower , General George C. Marshall , General Douglas MacArthur , and General George S. Patton Jr. during the Second World War ; and General Norman Schwarzkopf and General Colin Powell after
5148-733: The Sovereign of the United Kingdom (currently King Charles III ), the Great Master (currently William, Prince of Wales ), and three Classes of members: Members belong to either the Civil Division or the Military Division. Knight Companion (KB), the order's only class prior to 1815, is no longer an option. Commonwealth citizens who are not subjects of the British monarch and foreign nationals may be made honorary members. The Order of
5280-766: The U.N. Convention Against Corruption , the Convention for the Suppression of Unlawful Seizure of Aircraft , the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , the Convention for the Protection of Cultural Property in the Event of an Armed Conflict , and the International Convention for the Suppression and Punishment of the Crime of Apartheid . Some contemporary scholars hold
5412-705: The United Nations Convention Against Torture . A large majority of the European Union Parliament endorsed the report's conclusion that many member states tolerated illegal actions by the CIA, and criticised such actions. Within days of his inauguration, President Obama signed an Executive Order opposing rendition torture and established a task force to provide recommendations about processes to prevent rendition torture. In June 2021, CNN reported testimonies of several Uyghurs accounting for
Charles Bagot - Misplaced Pages Continue
5544-519: The University of Toronto ), 1842–1843. Having resigned his governor general's office in January 1843, Bagot died four months later at the vice-regal residence, Alwington House, Alwington, Kingston , too ill to return to the United Kingdom. Bagot's library was sold at auction by Messrs Evans in London on 20 June 1844 (and two following days); a copy of the catalogue (which contained Audubon's Birds of America)
5676-452: The coronation of Henry IV in 1399, the full ceremonies were restricted to major royal occasions, such as coronations, investitures of the Prince of Wales or royal dukes , and royal weddings, and the knights so created became known as Knights of the Bath . Knights Bachelor continued to be created with the simpler form of ceremony. The last occasion on which Knights of the Bath were created
5808-434: The 1859 revision. Women were admitted to the Order in 1971. In the 1971 New Year Honours , Jean Nunn became the first woman admitted to the order. In 1975, Princess Alice, Duchess of Gloucester , an aunt of Elizabeth II , became the first woman to reach the highest rank, Dame Grand Cross. Princess Alice (née Douglas-Montagu-Scott) was a direct descendant of the Order's first Great Master, and her husband, who had died
5940-602: The Bath is the fourth most senior of the British orders of chivalry , after the Order of the Garter , the Order of the Thistle , and the (dormant) Order of St Patrick . In the Middle Ages , a knighthood was often conferred with elaborate ceremonies. These usually involved the knight-to-be taking a bath (possibly symbolic of spiritual purification ), during which he was instructed in the duties of knighthood by more senior knights. He
6072-701: The British monarch and foreigners may be made honorary members. Queen Elizabeth II established the custom of appointing visiting (republican) heads of state honorary GCBs, for example Gustav Heinemann and Josip Broz Tito (in 1972), Ronald Reagan (in 1989), Lech Wałęsa (in 1991), Censu Tabone (in 1992), Fernando Henrique Cardoso , George H. W. Bush (in 1993), Nicolas Sarkozy (in 2008), and Susilo Bambang Yudhoyono (in 2012), as well as Turkish President Abdullah Gül , Slovenian President Danilo Türk , Mexican President Felipe Calderón , and South African President Jacob Zuma (royal heads of state are instead usually made Stranger Knights and Ladies Companion of
6204-451: The CIA on EU territory (with the cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres (" black sites ") used by the CIA, some of which could be located in Europe. According to the separate European Parliament report of February 2007 , the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of article 3 of
6336-470: The European Convention on Human Rights has been invoked to stop extradition from proceeding. Article 8 states that everyone has the right to the respect of their private and family life. This is achieved by way of balancing the potential harm to private life against the public interest in upholding the extradition arrangement. While this article is useful as it provide for a prohibition to extradition,
6468-675: The Garter equivalent (the Gentleman Usher of the Black Rod ) perform any duties in the House of Lords . There were originally seven officers, each of whom was to receive fees from the Knights Companion both on appointment, and annually thereafter. The office of Messenger was abolished in 1859. The office of Genealogist was abolished at the same time, but revived in 1913. The offices of Registrar and Secretary were formally merged in 1859, although
6600-460: The Genealogist, Brunswick Herald of Arms to the Gentleman Usher, and Bath King of Arms was also made Gloucester King of Arms with heraldic jurisdiction over Wales. This was the result of a move by Anstis to give the holders of these sinecures greater security; the offices of the Order of the Bath were held at the pleasure of the Great Master, while appointments to the heraldic offices were made by
6732-647: The Hon. Elizabeth Louisa St. John, daughter of Viscount St. John , of Lydiard Park , Wiltshire . He was educated at Rugby School and Christ Church, Oxford . He entered Lincoln's Inn , where he studied law, but left and returned to Oxford to complete his master's degree. His marriage to the wealthy Lady Mary Charlotte Anne Wellesley-Pole, the niece of Arthur Wellesley, 1st Duke of Wellington , and other Bagot family connections made possible his subsequent diplomatic career. Bagot served as Member of Parliament for Castle Rising from 1807 to 1808, alongside Richard Sharp . He
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#17328525356166864-621: The King under the Great Seal and were for life. Members of the Order wear elaborate uniforms on important occasions (such as its quadrennial installation ceremonies and coronations ), which vary by rank: The mantle , worn only by Knights and Dames Grand Cross, is made of crimson satin lined with white taffeta . On the left side is a representation of the star (see below). The mantle is bound with two large tassels. The hat , worn only by Knights and Dames Grand Cross and Knights and Dames Commander,
6996-462: The Knights of the Bath, as well as the colour of the riband and mantle , and the ceremony for creating a knight. The rest of the statutes were mostly based on those of the Order of the Garter, of which he was an officer (as Garter King of Arms). The Order was founded by letters patent under the Great Seal dated 18 May 1725 ; 299 years ago ( 1725-05-18 ) , and the statutes issued
7128-528: The Maltese cross; the star for civil Knights and Dames Commander is an eight-pointed silver cross pattée. The design of each is the same as the design of the military stars, except that the laurel branches and the words Ich dien are excluded. The badge varies in design, size, and manner of wearing by rank and division. The Knight and Dame Grand Cross' badge is larger than the Knight and Dame Commander's badge, which
7260-604: The Military Division, to Commissariat and Medical officers serving with the Army and Navy , including those serving with the East India Company . In 1859, a further edition of the Statutes was issued; the changes related mainly to the costs associated with the Order. Prior to this date, it had been the policy that the insignia (which were provided by the Crown) were to be returned on
7392-537: The Natwest Three from the UK to the U.S., for their alleged fraudulent conduct related to Enron . Several British political leaders were heavily critical of the British government's handling of the issue. In 2013, the United States submitted extradition requests to many nations for former National Security Agency employee Edward Snowden . It criticized Hong Kong for allowing him to leave despite an extradition request. It
7524-461: The Order for members who had been appointed for the services in the recent war. The fees were abolished, and replaced with a salary of approximately the same average value. The offices of Genealogist and Messenger were abolished, and those of Registrar and Secretary combined. In 1910, after his accession to the throne, George V ordered the revival of the Installation ceremony, perhaps prompted by
7656-518: The Order of the Bath The Most Honourable Order of the Bath is a British order of chivalry founded by King George I on 18 May 1725. Recipients of the Order are usually senior military officers or senior civil servants , and the monarch awards it on the advice of His Majesty's Government. The name derives from an elaborate medieval ceremony for preparing a candidate to receive his knighthood , of which ritual bathing (as
7788-485: The Order of the Bath was probably that which it in fact secured, of ingratiating him with the all-powerful Prime Minister Sir Robert Walpole. The use of honours in the early eighteenth century differed considerably from the modern honours system , in which hundreds, if not thousands, of people each year receive honours on the basis of deserving accomplishments. The only honours available at that time were hereditary (not life) peerages and baronetcies , knighthoods , and
7920-399: The Order of the Garter (or the Order of the Thistle for Scots), none of which were awarded in large numbers (the Garter and the Thistle are limited to twenty-four and sixteen living members respectively). The political environment was also significantly different from today: The Sovereign still exercised a power to be reckoned with in the eighteenth century. The Court remained the centre of
8052-420: The Order were increasingly made for naval , military , or diplomatic achievements. This is partly due to the conflicts Britain was engaged in over this period. The Peninsular War resulted in so many deserving candidates for the Bath, that a statute was issued allowing the appointment of Extra Knights in time of war, who were to be additional to the numerical limits imposed by the statutes, and whose number
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#17328525356168184-585: The Order's collar over their military uniform or evening wear. When collars are worn (either on collar days or on formal occasions such as coronations), the badge is suspended from the collar. The collars and badges of Knights and Dames Grand Cross are returned to the Central Chancery of the Orders of Knighthood upon the decease of their owners. All other insignia may be retained by their owners. Extradition In an extradition , one jurisdiction delivers
8316-655: The People's Republic of China (Mainland China), Portugal, the Republic of China (Taiwan), Russia, Saudi Arabia, Slovenia, Switzerland, Syria, Turkey, the UAE, and Vietnam have laws against extraditing their own citizens to other countries' jurisdictions. Instead, they often have special laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they can locally prosecute and try citizens accused of crimes committed abroad as if
8448-482: The U.S. and Canada, were dismayed, and their displeasure led to a formal treaty, which codified rules for extradition, but upset fugitives, abolitionists, and slave owners. In 1842 Bagot initiated a major review of government policies and expenditures related to Indigenous peoples in Canada East and Canada West , appointing Rawson W. Rawson , John Davidson and William Hepburn as report commissioners. Completed in 1844,
8580-597: The United States from Lake of the Woods (see Northwest Angle ) to the Pacific Ocean. Bagot ended his term in Washington, D.C. in 1820. He subsequently served as British Ambassador to Russia , where he took part in negotiations leading to the 1825 Treaty of Saint Petersburg . Then, he served as British Ambassador to the Netherlands , where he was involved in negotiations leading to the establishment of Belgium in 1831. After
8712-608: The United States, because the United States' federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia state courts. Ultimately, the Commonwealth of Virginia itself had to offer assurances to the federal government, which passed those assurances on to the United Kingdom, which then extradited the individual to the United States. Less important problems can arise due to differing qualifications for crimes. For instance, in
8844-493: The United States, crossing state lines is a prerequisite for certain federal crimes (otherwise crimes such as murder, etc. are handled by state governments (except in certain circumstances such as the killing of a federal official) . This transportation clause is, understandably, absent from the laws of many countries, however. Extradition treaties or subsequent diplomatic correspondence often include language providing that such criteria should not be taken into account when checking if
8976-624: The absence of an extradition agreement. States may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a requested state in the absence of an extradition treaty. No country in the world has an extradition treaty with all other countries; for example, the United States lacks extradition treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain, and many other countries. There are two types of extradition treaties: list and dual criminality treaties. The most common and traditional
9108-704: The act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested states. This requirement has been abolished for broad categories of crimes in some jurisdictions, notably within the European Union . Many countries refuse to extradite suspects of political crimes . Such exceptions aim to prevent the misuse of extradition for political purposes, protecting individuals from being prosecuted or punished for their political beliefs or activities in another country. Countries may refuse extradition to avoid becoming involved in politically motivated cases, or gaining
9240-460: The bulk of evidence gathered in the investigation on a suspect for a drug-related charge. Therefore, this usually hinders the United States from moving forward with the extradition of a suspect. There is at present controversy in the United Kingdom about the Extradition Act 2003 , which dispenses with the need for a prima facie case for extradition. This came to a head over the extradition of
9372-455: The case of Norris v US (No 2) a man sought to argue that if extradited his health would be undermined and it would cause his wife depression. This claim was rejected by the Court which stated that a successful claim under Article 8 would require "exceptional" circumstances. Suicide Risk: Cases where there is risk of the individual committing suicide have also invoked article 8 as the public interest of extraditing must be considered in light of
9504-443: The complexity of extradition cases it is positive as it adds to the legitimacy and institutionalisation of the extradition system. Determining whether to allow extradition by the requested state is, among other considerations, a balancing exercise between the interests of the requesting state's pursuit of justice over the accused individuals, the requested state's interests in holding dominion over those presently in its territory, and
9636-465: The conduct is not considered a crime in both of the countries involved then it will not be an extraditable offense. Generally, an extradition treaty requires that a country seeking extradition be able to show that: Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is being sought for a political crime . Many countries, such as Mexico, Canada and most European nations, will not allow extradition if
9768-566: The country's executive to extradite. Even though the United States has an extradition treaty with Japan, most extraditions are not successful due to Japan's domestic laws. For the United States to be successful, they must present their case for extradition to the Japanese authorities. However, certain evidence is barred from being in these proceedings such as the use of confessions, searches or electronic surveillance. In most cases involving international drug trafficking, this kind of evidence constitutes
9900-463: The crime had occurred within the country's borders (see, e.g., trial of Xiao Zhen ). Israeli law permits the extradition of Israeli citizens who have not established residency in Israel; resident citizens may be extradited to stand trial in a foreign country, provided that the prosecuting country agrees that any prison sentence imposed will be served in Israel. In a limited number of cases Article 8 of
10032-463: The crime is one in the country from which extradition should apply. By enacting laws or in concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests. Observing fundamental human rights is also an important reason for denying some extradition requests. It is common for human rights exceptions to be specifically incorporated in bilateral treaties. Such bars can be invoked in relation to
10164-461: The death of the holder; the exception had been foreigners who had been awarded honorary membership. In addition, foreigners had usually been provided with stars made of silver and diamonds, whereas ordinary members had only embroidered stars. The decision was made to award silver stars to all members, and only require the return of the Collar . The Crown had also been paying the fees due to the officers of
10296-476: The death penalty (which has been abolished in Hong Kong) for that other crime. There are also concerns about the retroactive effect of the new law. The government's proposal was amended to remove some categories after complaints from the business sector, such as "the unlawful use of computers". Experts have noted that the legal systems of mainland China and Hong Kong follow 'different protocols' with regard to
10428-466: The death penalty is practiced in some U.S. states, as it is seen by many as an attempt by foreign nations to interfere with the U.S. criminal justice system . In contrast, pressures by the U.S. government on these countries to change their laws, or even sometimes to ignore their laws, is perceived by many in those nations as an attempt by the United States to interfere in their sovereign right to manage justice within their own borders. Famous examples include
10560-435: The death penalty may be imposed on the suspect unless they are assured that the death sentence will not be passed or carried out. In the case of Soering v. United Kingdom , the European Court of Human Rights held that it would violate Article 3 of the European Convention on Human Rights to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and
10692-641: The defendant will not be granted a fair trial on arrival, or will be subject to cruel, inhumane or degrading treatment if extradited. Several countries, such as France , the Russian Federation , Austria , China and Japan , have laws against extraditing their respective citizens. Others, such as Germany and Israel , do not allow for extradition of their own citizens in their constitutions. Some others stipulate such prohibition on extradition agreements rather than their laws. Such restrictions are occasionally controversial in other countries when, for example,
10824-523: The detention and extradition of people they knew or were related to, from the United Arab Emirates. Documents issued by the Dubai public prosecutor and viewed by CNN, showed the confirmation of China ’s request for the extradition of a detained Uyghur man, Ahmad Talip, despite insufficient proof of reasons for extradition. In 2019, UAE, along with several other Muslim nations publicly endorsed China's Xinjiang policies, despite Beijing being accused of genocide by
10956-489: The duration of time since the alleged offences occurred, health of the individual, prison conditions in the requesting state and likelihood of conviction among other considerations. Yet exactly how the standards provided for in ICCPR are incorporated or recognised by domestic courts and decision makers is still unclear although it seems that these standards can at a minimum be used to inform the notions of such decision makers. If it
11088-399: The executive of the country from which extradition is to take place, while that executive may not in fact have the authority to deport the suspect or criminal on their own. On the other hand, certain delays, or the unwillingness of the local prosecution authorities to present a good extradition case before the court on behalf of the requesting state, may possibly result from the unwillingness of
11220-449: The extradition dispute with Canada on Charles Ng , who was eventually extradited to the United States on murder charges. Countries with a rule of law typically make extradition subject to review by that country's courts. These courts may impose certain restrictions on extradition, or prevent it altogether, if for instance they deem the accusations to be based on dubious evidence, or evidence obtained from torture , or if they believe that
11352-426: The fact that the Bath was represented as a military Order, only a few military officers were among the initial appointments (see List of knights companion of the Order of the Bath ). They may be broken down into categories as follows (some are classified in more than one category): The majority of the new Knights Companions were knighted by the King, and invested with their ribands and badges on 27 May 1725. Although
11484-590: The fact that while the court deciding whether to surrender the individual must uphold these rights this same court must also be satisfied that any trial undertaken by the requesting state after extradition is granted also respects these rights. Article 14 of the ICCPR provides a number of criteria for fair trial standards. These standards have been reflected in courts who have shown that subjective considerations should be made in determining whether such trials would be ‘unjust’ or ‘oppressive’ by taking into account factors such as
11616-529: The federal government, which will negotiate the extradition with the requested state. However, due to the constraints of federalism , any conditions on the extradition accepted by the federal government – such as not to impose the death penalty – are not binding on the states. In the case of Soering v. United Kingdom , the European Court of Human Rights ruled that the United Kingdom was not permitted under its treaty obligations to extradite an individual to
11748-580: The federal hierarchy. For instance, in the United States, most criminal prosecutions occur at the state level, and most foreign relations occurs on the federal level. In fact, under the United States Constitution , foreign countries may not have official treaty relations with the individual states; rather, they may have treaty relations only with the federal government. As a result, a US state that wishes to prosecute an individual located in foreign territory must direct its extradition request through
11880-637: The final report, titled the Report on the affairs of the Indians in Canada , included a call for the introduction of industrial schools to address the noted failure of day schools to effectively keep Indigenous children from the influence of their parents and is regarded as a foundational document in the rationale for establishing the Canadian Indian residential school system . He served as Chancellor of King's College, (now
12012-473: The first Installation ceremony of the more junior Order of St Michael and St George , held a few years earlier, and the building of a new chapel for the Order of the Thistle in 1911. The Installation ceremony took place on 22 July 1913 in the Henry VII Chapel , and Installations have been held at regular intervals since. Prior to the 1913 Installation, it was necessary to adapt the chapel to accommodate
12144-403: The following week. The Order initially consisted of the Sovereign, a Prince of the blood Royal as Principal Knight, a Great Master, and thirty-five Knights Companion. Seven officers (see below) were attached to the Order. These provided yet another opportunity for political patronage, as they were to be sinecures at the disposal of the Great Master, supported by fees from the knights. Despite
12276-461: The fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition is normally regulated by treaties . Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition . It is an ancient mechanism, dating back to at least the 13th century BCE, when an Egyptian pharaoh , Ramesses II , negotiated an extradition treaty with
12408-467: The full legislature to hasten its approval. The bill, which would ease extradition to Mainland China , includes 37 types of crimes. While the Beijing-friendly ruling party maintains that the proposal contains protections of the dual criminality requirement and human rights, its opponents allege that after people are surrendered to the mainland, it could charge them with some other crime and impose
12540-459: The gravity of the crime for which extradition was sought was not proportionate to protecting the interests of the individual's family. However the court in this case noted that even in circumstances where extradition is refused a custodial sentence will be given to comply with the principles of international comity . In contrast the case of HH v Deputy Prosecutor of the Italian Republic, Genoa
12672-402: The important conditions of double criminality and non-refoulement , as well as on the matter of executive vs. judicial oversight on any extradition request. In some cases a state has abducted an alleged criminal from the territory of another state either after normal extradition procedures failed, or without attempting to use them. Notable cases are listed below: "Extraordinary rendition"
12804-415: The individual's family life. Cases to date have mostly involved dependant children where the extradition would be counter to the best interests of this child. In the case of FK v. Polish Judicial Authority the court held that it would violate article 8 for a mother of five young children to be extradited amidst charges of minor fraud which were committed a number of years ago. This case is an example of how
12936-493: The larger number of members. An appeal was made to the members of the Order, and following the Installation a surplus remained. A Committee was formed from the Officers to administer the 'Bath Chapel Fund', and over time this committee has come to consider other matters than purely financial ones. Another revision of the statutes of the Order was undertaken in 1925, to consolidate the 41 additional statutes which had been issued since
13068-401: The legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process. The extradition procedures to which
13200-406: The limitations of freedoms imposed on an individual is part of the extradition process and is the reason for these exceptions and the importance that human rights are observed in the extradition process. Therefore, human rights protected by international and regional agreements may be the basis for denying extradition requests, but only as independent exceptions. While human rights concerns can add to
13332-404: The marks of distinction which they have so nobly earned. The Order was now to consist of three classes: Knights Grand Cross, Knights Commander, and Companions. At the same time, the large and small Naval Gold Medals were suspended, while the bearers became Knights Commander and Companions, respectively. The existing Knights Companion (of which there were 60) became Knight Grand Cross; this class
13464-409: The national executive (prime minister, president or equivalent). However, such countries typically allow extradition defendants recourse to the law, with multiple appeals. These may significantly slow down procedures. On the one hand, this may lead to unwarranted international difficulties, as the public, politicians and journalists from the requesting country will ask their executive to put pressure on
13596-467: The neck (with either a hand or a sword ), thus making him a knight. It was this accolade which was the essential act in creating a knight, and a simpler ceremony developed, conferring knighthood merely by striking or touching the knight-to-be on the shoulder with a sword, or 'dubbing' him, as is still done today. In the early medieval period, the difference seems to have been that the full ceremonies were used for men from more prominent families. From
13728-400: The new Order for Walpole was that it would provide a source of such favours to strengthen his political position. He made sure that most of the 36 new honorees were peers and MPs who would provide him with useful connections. George I having agreed to Walpole's proposal, Anstis was commissioned to draft statutes for the Order of the Bath. As noted above, he adopted the motto and badge used by
13860-421: The opinion that aut dedere aut judicare is not an obligation under customary international law but rather "a specific conventional clause relating to specific crimes" and, accordingly, an obligation that only exists when a state has voluntarily assumed the obligation. Cherif Bassiouni , however, has posited that, at least with regard to international crimes, it is not only a rule of customary international law but
13992-476: The opportunity also taken to regularise the 1815 expansion of the Order. The 1847 statutes also abolished all the medieval ritual, but they did introduce a formal Investiture ceremony, conducted by the Sovereign wearing the Mantle and insignia of the Order, attended by the Officers and as many GCBs as possible, in their Mantles. In 1850, a special statute authorised appointments of Knight Commander and Companion, in
14124-458: The order and is responsible for enforcing the statutes. The statutes also provide for the following: Regular membership is limited to citizens of the United Kingdom and of other Commonwealth countries of which the British monarch is Sovereign. Appointees are usually officers of the armed forces or senior civil servants, such as permanent secretaries . Members appointed to the Civil Division must "by their personal services to [the] crown or by
14256-654: The performance of public duties have merited ... royal favour." Appointments to the Military Division are restricted by the minimum rank of the individual. GCBs hold the rank of admiral in the Royal Navy, general in the British Army or Royal Marines , or air chief marshal in the Royal Air Force . KCBs must at least hold the rank of vice admiral , lieutenant general in the Army or Marines, or air marshal . CBs tend be of
14388-522: The political world. The King was limited in that he had to choose Ministers who could command a majority in Parliament , but the choice remained his. The leader of an administration still had to command the King's personal confidence and approval. A strong following in Parliament depended on being able to supply places, pensions, and other marks of Royal favour to the government's supporters. The attraction of
14520-516: The presence of prima facie evidence and the possibility of a fair trial have been waived by many European nations for a list of specified offences under the terms of the European Arrest Warrant . The warrant entered into force in eight European Union (EU) member-states on 1 January 2004, and is in force in all member-states since 22 April 2005. Defenders of the warrant argue that the usual safeguards are not necessary because every EU nation
14652-450: The prestige of the Order. In 1847, Queen Victoria issued new statutes eliminating all references to an exclusively military Order. As well as removing the word 'Military' from the full name of the Order, this opened up the grades of Knight Commander and Companion to civil appointments, and the Military and Civil Divisions of the Order were established. New numerical limits were imposed, and
14784-456: The previous year, had also held that office. The second Dame Grand Cross, Sally Davies , was appointed in the 2020 New Year Honours . The British Sovereign is the Sovereign of the Order of the Bath. As with all honours, except those in the Sovereign's personal gift, the Sovereign makes all appointments to the Order on the advice of the Government . The next-most senior member of the Order
14916-552: The rank of rear admiral , major general in the Army, Royal Navy or Royal Marines, or air vice marshal in the Royal Air Force, and in addition must have been Mentioned in Despatches for distinction in a command position in a combat situation, although the latter is no longer a requirement. Non-line officers (e.g. engineers , medics) may be appointed only for meritorious service in wartime. Commonwealth citizens not subjects of
15048-541: The rights of the extraditable persons. Extradition raises human rights concerns in determining this balance in relation to the extraditable person. States make provision to recognise these rights both expressing in bilateral treaty agreements and also, potentially by way of state's obligations under the Universal Declaration of Human Rights , of which the International Covenant on Civil and Political Rights
15180-448: The risk of suicide by the individual if extradited. In the case of Jason's v Latvia extradition was refused on these grounds, as the crime for which the individual was sought was not enough of a threat to public interest to outweigh the high risk of suicide which had been assessed to exist for the individual if extradited. Consideration of the right to a fair trial is particularly complex in extradition cases. Its complexity arises from
15312-626: The statutes allow the Sovereign to exceed the limits in time of war or other exceptional circumstances. The office of Dean is held by the Dean of Westminster . The King of Arms, responsible for heraldry , is known as Bath King of Arms; he is not, however, a member of the College of Arms , like many heralds. The Order's Usher is known as the Gentleman Usher of the Scarlet Rod ; he does not, unlike his Order of
15444-405: The statutes set out the full medieval ceremony which was to be used for creating knights, this was not performed, and indeed, was possibly never intended to be, as the original statutes contained a provision allowing the Great Master to dispense Knights Companion from these requirements. The original knights were dispensed from all the medieval ceremonies with the exception of the Installation, which
15576-452: The strengthening demands for responsible government . As an important concession, however, Bagot did allow the leading Canadian colonial politicians Robert Baldwin and Sir Louis-Hippolyte Lafontaine to form a ministry, on the basis of their parliamentary majority . Lafontaine, as a French-Canadian leader, had suffered abusive treatment by the British under the previous governor general, Lord Sydenham , who had died in office in 1841. This
15708-446: The threshold required to meet this prohibition is high. Article 8 does explicitly provide that this right is subject to limits in the interests of national security and public safety, so these limits must be weighed in a balancing of priority against this right. Cases where extradition is sought usually involve serious crimes so while these limits are often justified there have been cases where extradition could not be justified in light of
15840-518: The treatment of the individual in the receiving country, including their trial and sentence. These bars may also extend to take account of the effect on family of the individual if extradition proceeds. Therefore, human rights recognised by international and regional agreements may be the basis for denying extradition requests. However, cases where extradition is denied should be treated as independent exceptions and will only occur in exceptional circumstances. Common bars to extradition include: Generally
15972-515: The two positions had been held concurrently for the previous century. An Officer of Arms and a Secretary for the Knights Commander and Companions were established in 1815, but abolished in 1847. The office of Deputy Secretary was created in 1925. Under the Hanoverian kings, certain of the officers also held heraldic office. The office of Blanc Coursier Herald of Arms was attached to that of
16104-415: The uncertain timescale within which the sentence would be executed. Parties to the European Convention also cannot extradite people where they would be at significant risk of being tortured inhumanely or degradingly treated or punished. These restrictions are normally clearly spelled out in the extradition treaties that a government has agreed upon. They are, however, controversial in the United States, where
16236-582: Was also to appoint eight officers for this body. However, the statute was never invoked. In January 1815, after the end of the Peninsular War , the Prince Regent (later George IV ) expanded the Order of the Bath to the end that those Officers who have had the opportunities of signalising themselves by eminent services during the late war may share in the honours of the said Order, and that their names may be delivered down to remote posterity, accompanied by
16368-462: Was held to be a violation of Article 6 ECHR as it presented a real risk of a ‘flagrant denial of justice’. The court in Othman stressed that for a breach of Article 6 to occur the trial in the requesting country must constitute a flagrant denial of justice, going beyond merely an unfair trial. Evidence obtained by way of torture has been sufficient to satisfy the threshold of a flagrant denial of justice in
16500-456: Was limited to 72 members, of which twelve could be appointed for civil or diplomatic services. The military members had to be of the rank of at least major-general or rear admiral . The Knights Commander were limited to 180, exclusive of foreign nationals holding British commissions, up to ten of whom could be appointed as honorary Knights Commander. They had to be of the rank of lieutenant-colonel or post-captain . The number of Companions
16632-633: Was named minister plenipotentiary and envoy extraordinaire to the United States on 31 July 1815, in the aftermath of the War of 1812 . With Richard Rush , he negotiated the Rush–Bagot Treaty to limit naval forces on the Great Lakes and Lake Champlain . He also contributed to negotiations leading to the Anglo-American Convention of 1818 , which defined the border between British North America and
16764-517: Was not specified, but they had to have received a medal or been mentioned in despatches since the start of the war in 1803. A list of about 500 names was subsequently published. Two further officers were appointed, an 'Officer of arms attendant on the Knights Commanders and Companions', and a 'Secretary appertaining to the Knights Commanders and Companions'. The large increase in numbers caused some complaints that such an expansion would reduce
16896-427: Was not subject to any restrictions. Another statute, this one issued some 80 years earlier, had also added a military note to the Order. Each knight was required, under certain circumstances, to supply and support four men-at-arms for a period not exceeding 42 days in any year, to serve in any part of Great Britain. This company was to be captained by the Great Master, who had to supply four trumpeters , and
17028-464: Was performed in the Order's Chapel, the Henry VII Chapel in Westminster Abbey , on 17 June. This precedent was followed until 1812, after which the Installation was also dispensed with, until its revival in the twentieth century. The ceremonies however remained part of the Statutes until 1847. Although the initial appointments to the Order were largely political, from the 1770s, appointments to
17160-432: Was the beginning of what became known as representative government in Canada. Bagot's leadership was an important step forward in establishing more amicable relations between the colonizing British and French. Bagot worked productively with Baldwin and Lafontaine to establish a structure for fair municipal governance in the province of Canada. Their work has stood the test of time. With the arrival of Confederation in 1867,
17292-434: Was the coronation of Charles II in 1661. From at least 1625, and possibly from the reign of James I , Knights of the Bath were using the motto Tria juncta in uno ( Latin for 'Three joined in one'), and wearing as a badge three crowns within a plain gold oval. These were both subsequently adopted by the Order of the Bath; a similar design of badge is still worn by members of the Civil Division. Their symbolism however
17424-424: Was then put to bed to dry. Clothed in a special robe, he was led with music to the chapel where he spent the night in a vigil . At dawn, he made confession and attended Mass , then retired to his bed to sleep until it was fully daylight. He was then brought before the King, who after instructing two senior knights to buckle the spurs to the knight-elect's heels, fastened a belt around his waist, then struck him on
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