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Extradition from Israel: human rights protection or escape from responsibility?

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In recent times the country has stirred up several high-profile cases involving claims of various countries to Israel, to extradite persons suspected of crimes sovershenii. This issue concerns directly the citizens of the state, as well as those who have applied for citizenship or political asylum.

Given that some processes, for example, in Russia, allows to draw conclusions about the tightening of the political regime, and certain decisions of the local courts is debatable, we can assume that in the near future the flow of extradition requests will only intensify. How likely is it to gain the protection of the state of Israel in criminal and political persecution from other countries? Let’s try to understand this question.

Often we receive questions from clients in Russia who are suspected of committing a criminal or economic crimes and admit their guilt: what consequences await them? Can Israel to guarantee protection in such a situation? What if the client is sure of «political» or «corrupt» the background of the opened criminal case?

It is difficult to answer unambiguously, all of the circumstances. Accompanying the specific situation. In most cases, extradition shall be granted on the basis of mutual treaties signed between the two countries, as well as mnohostranne conventions, including agreement between several participants.

Currently, the extradition Treaty between Israel and Russia is under consideration, and, according to the Minister of justice Ayelet shaked, must be signed before the end of 2017. So if we are talking about a long multi-stage procedure that requires careful study of the case, involve lawyers and the consideration of the request in court in the near future such issues may be resolved faster.

However, both Russia and Israel have signed the European Convention on extradition, which involves extensive experience in responding to the requests of Russia and the extradition of criminals and on the contrary, the refusal to extradite on the basis of various factors, including the suspected existence of a threat to the life of the accused in case of his return to Russia, as well as lack of evidence or their discrepancy to requirements of Israeli law.

For example, the notorious case of Vladimir Faynberg – when justice Minister Tzipi Livni personally overturned the decision of the Supreme court of Israel, fearing extradition to Russia may be in this case life-threatening. Or case of refusal to extradite Leonid Nevzlin, when Israeli judges have not considered evidence presented by the Russian side, corresponding to the norms of Israeli law.

However, there are cases of a positive decision the request for extradition to Russia from Israel – for example the case of Alexander Boltyansky, the suspect in the organization of theft. The judge found substantial evidence submitted by the Russian Prosecutor’s office, and voted unanimously for the request – despite the protests of advocates.

It is also important to note that great importance is the fact whether the suspect is a resident of Israel at the time of the crime. If the answer to this question, it is safe to say that even in case of satisfaction of the extradition request, Israel would ensure that the convicted person was serving a sentence in its territory. In the case of Alexander Boltyansky, the court found that at the time of the crime Alexander was not a resident of the state of Israel, since he lived in the Russian city of Orel for about three years.

If you think about you can be filed an extradition request from Israel to Russia, first and foremost, you need to seek a competent lawyer specializing in such cases. It will help to objectively assess the situation, gather the necessary evidence to make a competent plan of action.

In extradition cases it is the job of a lawyer often is a key factor in the success of their enterprise!

Address law office of Yashar Jacobi, who is engaged in this kind of business –
Tel Aviv, street Shaul and Melech, 35. Tel: 052-3200009, 03-6914004

Extradition from Israel: human rights protection or escape from responsibility? 26.06.2017

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