Misplaced Pages

#337662

99-500: The group was anti-capitalist , anti-imperialist , and strongly opposed Spain's membership in NATO . GRAPO's last attack was in 2006. After having been fairly active in the late 1970s and early 1980s, a dwindling number of its militants along with police actions allowed Spanish officials to claim a number of times to have disbanded the GRAPO after the remaining militants were captured. According to

198-413: 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

297-424: 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

396-471: 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,

495-521: 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,

594-515: A central command. A number of explosive devices were detonated in different locations in Spain on 18 July 1976, and GRAPO claimed responsibility for the coordinated explosions in the press, becoming well-known overnight. After the high-profile kidnapping of wealthy politician Antonio María de Oriol y Urquijo in 1976 and General Villaescusa in 1977 as well as the killing of more Spanish policemen, GRAPO became established as an urban guerrilla group, in

693-504: A class of owners, private property in the means of production is perceived as being an outdated form of economic organization that should be replaced by a free association of individuals based on public or common ownership of these socialized assets. Socialists view private property relations as limiting the potential of productive forces in the economy. Early socialists ( Utopian socialists and Ricardian socialists ) criticized capitalism for concentrating power and wealth within

792-525: 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

891-399: 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

990-399: 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

1089-615: A similar manner as Revolutionary Antifascist Patriotic Front (FRAP) had been in Francoist Spain . GRAPO increased its activity from 1979 onwards, including the bombing of a café in Madrid on 26 May 1979, which killed nine people. However, the group's level of support waned during the 1980s. The transitional democratic regime was not destabilized as the group had promised. In 1984, the Spanish authorities issued an anti-terrorist law inspired by

SECTION 10

#1732905449338

1188-407: A small segment of society, and for not utilising available technology and resources to their maximum potential in the interests of the public. For the influential German individualist anarchist philosopher Max Stirner , " private property is a spook" which "lives by the grace of law" and it "becomes 'mine' only by the effect of the law". In other words, private property exists purely "through

1287-445: A tremendous waste of material resources during crisis of overproduction . According to socialists, private property in the means of production becomes obsolete when it concentrates into centralized, socialized institutions based on private appropriation of revenue (but based on cooperative work and internal planning in the allocation of inputs) until the role of the capitalist becomes redundant. With no need for capital accumulation and

1386-484: 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

1485-479: 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

1584-455: Is "interest-bearing possession ... labouring capital, therefore ... labour certainly, yet little or none at all of one's own, but labour of capital and of the—subject labourers." French anarchist Pierre-Joseph Proudhon opposed government privilege that protects capitalist, banking and land interests, and the accumulation or acquisition of property (and any form of coercion that led to it) which he believed hampers competition and keeps wealth in

1683-571: 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

1782-453: Is a pointless task, since be it State capitalism or Enterprise capitalism, as long as Government exists, exploiting capital will exist. The fight, but of consciousness, is against the State. Within anarchism there emerged a critique of wage slavery , which refers to a situation perceived as quasi- voluntary slavery , where a person's livelihood depends on wages , especially when the dependence

1881-468: 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

1980-605: Is an annual international event dedicated to countering capitalist globalization through networking of attending organizations. According to historian Gary Gerstle , the ideological space for anti-capitalism in the United States shrank significantly with the end of the Cold War and the globalization of capitalism, forcing the left to "redefine their radicalism in alternative terms" by heavily focusing on multiculturalism and partisan culture war issues, which "turned out to be those that

2079-445: 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

SECTION 20

#1732905449338

2178-521: 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

2277-507: 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

2376-464: Is inactive yet not formally self-dissolved. Since its inception in 1975 until its last-known activity in 2006, it killed 84 people, including police, military personnel, judges, and civilians via bombings and shootings. A number of its militants were killed during bank robberies committed to raise funds for the organization. The group has also committed a number of kidnappings, initially for political reasons and later on for ransom . Its last attack

2475-468: 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

2574-438: 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

2673-490: 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 ,

2772-519: Is that you are hired slaves instead of block slaves." Goldman believed that the economic system of capitalism was incompatible with human liberty. "The only demand that property recognizes," she wrote in Anarchism and Other Essays , "is its own gluttonous appetite for greater wealth, because wealth means power; the power to subdue, to crush, to exploit, the power to enslave, to outrage, to degrade." She also argued that capitalism dehumanized workers, "turning

2871-399: 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

2970-464: Is total and immediate. It is a negatively connoted term used to draw an analogy between slavery and wage labor by focusing on similarities between owning and renting a person. The term wage slavery has been used to criticize economic exploitation and social stratification , with the former seen primarily as unequal bargaining power between labor and capital (particularly when workers are paid comparatively low wages, e.g. in sweatshops ), and

3069-515: The Middle Ages , was founded on an act of robbery as massive as the earlier feudal conquest of the land. It has been sustained to the present by continual state intervention to protect its system of privilege without which its survival is unimaginable." Carson coined the pejorative term "vulgar libertarianism", a phrase that describes the use of a free market rhetoric in defense of corporate capitalism and economic inequality . According to Carson,

First of October Anti-Fascist Resistance Groups - Misplaced Pages Continue

3168-533: The Spanish transition to democracy from dictatorship, the Communist Party of Spain (Reconstituted) (PCE-r) began a struggle against the political reforms. The PCE(r) restructured itself into different commissions; one of these was a "front against fascism", founded by Juan Carlos Delgado de Codex, which became the GRAPO. This newly born movement was named after the killing of four Spanish policemen on 1 October 1975,

3267-766: 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

3366-705: 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

3465-417: The state has also transferred wealth to the wealthy by subsidizing organizational centralization, in the form of transportation and communication subsidies. He believes that Tucker overlooked this issue due to Tucker's focus on individual market transactions, whereas Carson also focuses on organizational issues. Carson holds that "capitalism, arising as a new class society directly from the old class society of

3564-460: The 1930s, the Frankfurt School, led by thinkers such as Herbert Marcuse and Max Horkheimer created the philosophical movement of critical theory . Later, Critical theorist Jürgen Habermas noted that the universality of modern worldviews posed a threat to marginalized perspectives outside of western rationality. While Critical Theory emphasized the social issues stemming from capitalism with

3663-451: 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

3762-470: 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,

3861-457: The Italian model which facilitated police operations against GRAPO, and many arrests followed. GRAPO reacted by simplifying its structure while "waiting for better times". It continued its clandestine activities at a lower level by means of mobile militants, which easily formed and easily split up, becoming difficult to detect. Police work caused serious blows to GRAPO's structure. Currently the group

3960-587: 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

4059-655: 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

First of October Anti-Fascist Resistance Groups - Misplaced Pages Continue

4158-614: The Spanish police, GRAPO was disbanded after six of its militants were arrested in June 2007 but formally, the group has not announced its dissolution. GRAPO is included in the European Union 's list of terrorist organisations . GRAPO has its origins in the Organisation of Marxist–Leninists of Spain (OMLE), which dissolved itself in its first congress in 1975. At the beginning of 1976, two months after General Francisco Franco 's death, during

4257-665: 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

4356-493: 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

4455-624: 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

4554-457: The accumulation of capital generates waste through externalities that require costly corrective regulatory measures. They also point out that this process generates wasteful industries and practices that exist only to generate sufficient demand for products to be sold at a profit (such as high-pressure advertisement); thereby creating rather than satisfying economic demand. Socialists argue that capitalism consists of irrational activity, such as

4653-648: 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

4752-471: The advent of the Industrial Revolution , thinkers such as Proudhon and Marx elaborated the comparison between wage labor and slavery in the context of a critique of societal property not intended for active personal use, Luddites emphasized the dehumanization brought about by machines, while later American anarchist Emma Goldman famously denounced wage slavery by saying: "The only difference

4851-460: 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

4950-407: The capitalist system could more, rather than less, easily manage." Late philosopher Mark Fisher referred to this phenomenon as capitalist realism : "the widespread sense that not only is capitalism the only viable political and economic system, but also that it is now impossible even to imagine a coherent alternative to it." Extradition In an extradition , one jurisdiction delivers

5049-503: 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

SECTION 50

#1732905449338

5148-443: 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

5247-465: 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

5346-566: 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

5445-463: 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

5544-463: 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

5643-476: 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

5742-466: 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

5841-435: 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

5940-641: 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,

6039-523: 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

SECTION 60

#1732905449338

6138-489: 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

6237-399: 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

6336-449: 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

6435-590: 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

6534-529: 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

6633-580: 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

6732-525: The first violent action of the PCE(r). The "Antifascist Resistance Groups October First" (GRAPO) took this date as a starting point as a terrorist organization . Only five months later, after five workers were killed by the Spanish police during demonstrations in Vitoria-Gasteiz , the PCE(r) told its sympathizers to take up arms and create the nucleus of a future Spanish " Red Army " which would be directed by

6831-461: 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

6930-467: 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

7029-693: The global political movement called the New Left explored what liberation entailed through social activism on behalf of these identities. Therefore, socialist identifying movements critical of capitalism extended their reach beyond purely economic considerations and became involved in anti-war and civil rights movements. Later this postmodern activism centered around identities regarding ethnicity, gender, orientation, and race would influence more direct anti-capitalist movements. New critiques of capitalism also developed in accordance with modern concerns. Anti-globalization and alter-globalization oppose what they view as

7128-459: 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

7227-427: The hands of the few. The Spanish individualist anarchist Miguel Giménez Igualada saw: capitalism [as] an effect of government; the disappearance of government means capitalism falls from its pedestal vertiginously...That which we call capitalism is not something else but a product of the State, within which the only thing that is being pushed forward is profit, good or badly acquired. And so to fight against capitalism

7326-402: 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"

7425-602: The individual products of their labor. As such, they see a distinction between the concepts of "private property" and " personal possession ". Whereas "private property" grants an individual exclusive control over a thing whether it is in use or not, and regardless of its productive capacity, "possession" grants no rights to things that are not in use. In addition to individualist anarchist Benjamin Tucker 's "big four" monopolies (land, money, tariffs, and patents), Kevin Carson argues that

7524-415: 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

7623-415: The intention towards liberating humanity, it did not directly offer an alternative economic model. Instead its analysis shifted attention to the reinforcement of existing power dynamics through statecraft and a complicit citizenry. In turn, Critical Theory inspired postmodern philosophers such as Michel Foucault to conceptualize how we form identities through social interaction. During the 1960s and 1970s

7722-506: The latter as a lack of workers' self-management , fulfilling job choices and leisure in an economy. Libertarian socialists believe if freedom is valued, then society must work towards a system in which individuals have the power to decide economic issues along with political issues. Libertarian socialists seek to replace unjustified authority with direct democracy , voluntary federation, and popular autonomy in all aspects of life, including physical communities and economic enterprises. With

7821-401: 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

7920-406: 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

8019-409: 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

8118-421: 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

8217-516: 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

8316-548: The producer into a mere particle of a machine, with less will and decision than his master of steel and iron." Noam Chomsky contends that there is little moral difference between chattel slavery and renting one's self to an owner or "wage slavery". He feels that it is an attack on personal integrity that undermines individual freedom. He holds that workers should own and control their workplace. Many libertarian socialists argue that large-scale voluntary associations should manage industrial manufacture, while workers retain rights to

8415-402: The protection of the State, through the State's grace." Recognising its need for state protection, Stirner argued that "[i]t need not make any difference to the 'good citizens' who protects them and their principles, whether an absolute King or a constitutional one, a republic if only they are protected. And what is their principle, whose protector they always 'love'? Not that of labour", rather it

8514-450: The purchasing of commodities only to sell at a later time when their price appreciates, rather than for consumption, even if the commodity cannot be sold at a profit to individuals in need; they argue that making money , or accumulation of capital, does not correspond to the satisfaction of demand. Private ownership imposes constraints on planning, leading to inaccessible economic decisions that result in immoral production, unemployment and

8613-516: The release of Hasel and all political prisoners, including members of PCE(r) and GRAPO. In February 2014, a Twitter user was convicted of glorifying terrorism for tweets praising GRAPO. Anti-capitalist Anti-capitalism is a political ideology and movement encompassing a variety of attitudes and ideas that oppose capitalism . In this sense, anti-capitalists are those who wish to replace capitalism with another type of economic system , such as socialism or communism . Anti-capitalism

8712-541: 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

8811-448: 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

8910-647: The sweeping neoliberal and pro-corporate capitalism that spread internationally in the wake of the Soviet Union's fall. They are particularly critical of international financial institutions and regulations such as the IMF , WTO , and free trade agreements . In response, they promote the autonomy of sovereign people and the importance of environmental concerns as priorities over international market participation. Notable examples of contemporary anti-globalist movements include Mexico's EZLN . The World Social Forum , began in 2002,

9009-503: The term is derived from the phrase "vulgar political economy", which Karl Marx described as an economic order that "deliberately becomes increasingly apologetic and makes strenuous attempts to talk out of existence the ideas which contain the contradictions [existing in economic life]." Karl Marx saw capitalism as a historical stage, once progressive but which would eventually stagnate due to internal contradictions and would eventually be followed by socialism. Marx claimed that capitalism

9108-446: 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

9207-518: 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

9306-415: 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

9405-406: Was arrested for condoning terrorism after he saluted one of GRAPO's imprisoned members in a music video . He was soon released from jail, but the charges were not dropped. Ten years later on 16 February 2021, Hasel was arrested and imprisoned again on similar charges by the social democrat PSOE -UP government, leading to anti-fascist groups staging mass demonstrations across the country demanding

9504-462: 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

9603-512: Was in 2006, when GRAPO shot dead Ana Isabel Herrero, the owner of a temporary work agency in Zaragoza . In 2000, GRAPO's leader Manuel Pérez 'Arenas' was sentenced in a French court for criminal conspiracy with terrorist intent. Spain issued a request for his immediate extradition . To date GRAPO has not named a successor. Spanish Paralympian Sebastián Rodríguez was a member of GRAPO . In October 2011, Spanish hip hop artist Pablo Hasel

9702-537: Was nothing more than a necessary stepping stone for the progression of man, which would then face a political revolution before embracing the classless society . Inspired by Marxist thought, the Frankfurt School in Germany was established in 1923, with the purpose of analyzing the superstructure. Marx defined the superstructure as the social stratification and mores reflecting the economic base of capitalism. Through

9801-461: Was widespread among workers in the United States in the 1900s and 1910s , and Colorado was especially known as a center of anti-capitalist labor movements in that era. Socialism advocates public or direct worker ownership and administration of the means of production and allocation of resources, and a society characterized by equal access to resources for all individuals, with an egalitarian method of compensation. Socialists argue that

#337662