Extradition to Russia: a list of countries in 2022 where it does not exist, which refuse such a question to the Russian Federation, a definition of what it is and which states will not extradite a criminal to the USA?

What is it: definition

Extradition is the extradition of a criminal from the state where he is located to the state in which he committed the crime.

The state has the right to request extradition if:

the criminal is a citizen of the state that submitted the extradition request;
a foreign person has committed a crime on its territory;
damage was caused directly to the country.

Current international law characterizes extradition as a right, but not an obligation, unless countries have concluded an appropriate agreement on mutual cooperation in the fight against criminal offenses.

The Constitution of the Russian Federation categorically prohibits the extradition of its citizens.

The extradition of foreigners and stateless persons of the Russian Federation is possible if there are signed agreements between the interested party and Russia. Also, extradition will certainly be refused if the criminal in his homeland after extradition faces:

the death penalty;
torture;
other inhumane conditions of detention.

Konstantin Mrykhin (2011)

On June 16, 2011, the co-owner of the Perm nightclub “Lame Horse”, Konstantin Mrykhin, was extradited from Spain to Russia, accused in a criminal case regarding a fire in the club in December 2009 (156 people died in it). Immediately after the emergency, Mrykhin fled to Spain and was put on the international wanted list. On May 14, 2012, the Leninsky District Court of Perm found him guilty under Part 3 of Art. 238 of the Criminal Code of the Russian Federation (“Performing work or providing services that do not meet safety requirements resulting in the death of two or more persons through negligence”) and sentenced him to six years and six months of imprisonment in a general regime colony. He was also ordered to compensate moral and property damage to the victims in the amount of more than 200 million rubles. In May 2022, Mrykhin was released.

Types and their classification

Among the numerous international and national laws, one can draw a line and highlight common features that are characteristic of most countries. This leads to the following classification of species:

subjective;
regulatory;
target;
regulatory

Subjective extradition involves decisions made on the basis of the suspect's nationality and includes the extradition of:

foreign citizens;
citizens of the Russian Federation;
stateless persons;
persons with dual citizenship.

The regulatory aspect divides the process by the nature of interaction based on:

international laws;
national laws;
mutual cooperation.

The purposes of extradition are expressed in:

administration of justice;
imposing punishment;
serving a sentence.

The regulatory type of extradition involves respect for mutual rights and obligations and is divided into:

extradition of the offender to the country that initiated the request;
extradition of a criminal from the country at the request of another state.

Alexey Kuznetsov (2019)

On January 3, 2022, former Minister of Finance of the Moscow Region Alexey Kuznetsov was extradited from France to Russia. According to Russian investigators, from 2005 to 2008, an organized group led by the ex-minister fraudulently stole funds from regional enterprises in the Moscow region in the amount of more than 14 billion rubles. In July 2008, Kuznetsov retired and left for the USA. It later turned out that the official had dual citizenship - Russia and the USA, which is prohibited by the federal law on civil service. On July 14, 2011, the Basmanny Court of Moscow arrested Alexey Kuznetsov in absentia on charges of fraud (Part 4 of Article 159 of the Criminal Code of the Russian Federation), embezzlement (Part 4 of Article 160) and legalization of funds and property acquired by criminal means (Part 3 of Art. 174.1). On July 5, 2013, the ex-minister was detained by French police at the request of Russian law enforcement agencies in the resort of St. Tropez on the Cote d'Azur in France. The case for his extradition was considered by the French appellate courts for more than five years. On December 16, 2022, the Basmanny Court of Moscow sentenced Kuznetsov to 14 years in a general regime colony. The court also satisfied the civil claims of the victims, ruling to recover more than 14.3 billion rubles from the ex-Minister of Finance. On June 30, 2022, the Moscow City Court reduced Kuznetsov’s sentence by four months - to 13 years and 8 months.

Conditions for the extradition of a criminal

Extradition applies only to a person who has committed a crime from the list in the agreement on mutual cooperation between countries. The main criterion for finding an offender guilty is the principle that the crime entails punishment in both countries.

The extradition of a violator who has broken the law in several countries at once is regulated by diplomatic negotiations and international agreements. The state requesting extradition must provide compelling evidence of the criminal's guilt. If the offender has already been sentenced in his homeland, the decision on extradition is made based on the materials of the case.

The political component of the persecution can serve as a weighty argument for refusing extradition.

According to the European Convention of 1957, extradition for subsequent political persecution is prohibited . Such persons come under the protection of the state from which extradition is requested. A citizen extradited upon request should not be punished for crimes not stated in the extradition request.

In what cases is it possible?

Extradition of a criminal is possible in cases where:

according to the law, the offender will receive at least one year in prison for the crime or it is classified as especially serious and subject to criminal jurisdiction;
the extradited person has already been sentenced to a term of at least six months in the territory of a state that is not the homeland of the offender;
the State concerned ensures that the offender will be prosecuted and punished only for the crime specified at the time of the request;
the state concerned guarantees that, after being released from custody, the extradited citizen will be able to leave the country without hindrance;
the State concerned ensures that the offender will not be forcibly removed from the country or transferred to another State without the permission of the extraditing country.

When is it not provided?

In Russia, a request for extradition will not be considered positively if:

the violator is a citizen of the Russian Federation;
the requested person has been granted asylum in Russia;
the criminal has already been convicted in the Russian Federation or the case has been closed;
there are legal obstacles to extradition;
the statute of limitations for the crime has expired;
Russia does not recognize the violation committed as a crime;
the crime was committed on the territory of the Russian Federation or against its interests.

Anatoly Bykov (2000)

On April 21, 2000, the former chairman of the board of directors of the Krasnoyarsk aluminum smelter, deputy of the Legislative Assembly of the Krasnoyarsk Territory (in 1997-2016) Anatoly Bykov was extradited from Hungary to Russia. In Russia, he was accused in a criminal case of laundering illegally acquired funds (Part 3 of Article 174 of the Criminal Code of the RSFSR), and of complicity in the premeditated murder of businessman Oleg Gubin in 1996 (Article 102). On August 18, 1999, the Krasnoyarsk prosecutor's office issued a warrant for Bykov's arrest. On October 29, 1999, he was detained by Hungarian law enforcement agencies on an Interpol warrant. After extradition, he was placed in a pre-trial detention center (SIZO) in Krasnoyarsk. However, on August 24, 2000, Bykov was released on bail from a group of Krasnoyarsk public figures and businessmen. On September 21, 2000, the prosecutor's office of the North-Western Administrative District of Moscow opened a new criminal case against Anatoly Bykov. He was accused, in particular, of attempting to organize an assassination attempt on the Krasnoyarsk leader of a criminal group, Vilor (Pavel) Struganov, nicknamed “Pasha Tsvetomuzika.” In October 2000, Bykov was placed in the Moscow Lefortovo pre-trial detention center. On June 19, 2002, the entrepreneur was sentenced by the Meshchansky Intermunicipal Court of Moscow to six years and six months of suspended imprisonment. On July 1, 2003, the Krasnoyarsk Regional Court found him guilty of involvement in the murder of Oleg Gubin, sentenced to one year in prison and amnestied in the courtroom. All other charges were dropped due to lack of evidence. On April 20, 2005, the Oktyabrsky District Court of Krasnoyarsk lifted his suspended sentence on the first verdict and expunged his criminal record. On May 7, 2022, Anatoly Bykov was arrested in Krasnoyarsk. He was charged with organizing several murders, tax evasion on an especially large scale (Part 2 of Article 198 of the Criminal Code of the Russian Federation), and leading a criminal community (Article 210 of the Criminal Code of the Russian Federation).

Execution order

The extradited person has the right to use the services of a lawyer in international affairs. His experience in this kind of cases will help avoid human rights violations when transferring a citizen to another state.

To carry out extradition, the interested state must submit a request to the country where the criminal is located. After this, consideration of the extradition case will begin within 40 days. The State extraditing the requested person shall act in accordance with the following points:

transfers the offender to the prosecutor's office at the address of residence;
chooses a preventive measure;
carries out extradition checks;
makes a decision on extradition;
makes a decision;
notifies the person of the decision made;
transfers the person to the requesting state.

According to paragraph 6 of Art. 462 of the Code of Criminal Procedure of the Russian Federation, a citizen has the right to appeal the decision no later than 10 days from the date of notification of this.

A cassation appeal is filed within 7 days from the date of receipt of the refusal. In some cases, the Prosecutor General's Office may delay extradition or extradite a person for a certain period of time to participate in the trial.

Dmitry Bezdelov (2016)

On April 5, 2016, Italian authorities extradited to Russia the former head of the Federal Agency for State Border Development (Rosgranitsa) Dmitry Bezdelov. On December 9, 2013, the Investigation Department of the Ministry of Internal Affairs of Russia issued a resolution to bring Bezdelov as a defendant under Part 4 of Art. 159 of the Criminal Code of the Russian Federation (“Fraud on an especially large scale”). According to the investigation, he organized the theft of budget funds in the amount of 490 million rubles (the amount was originally called 1 billion 176 million rubles), allocated for the reconstruction of a number of border crossing points. On October 26, 2014, Dmitry Bezdelov was detained by Italian police in Rome. On October 2, 2015, the Rome Court of Appeal granted the request of the Russian Prosecutor General's Office for his extradition to Russia. In addition to fraud, he was charged under Part 3 of Art. 210 (“Creation of a criminal community committed by a person using his official position”). In January 2022, criminal cases against Bezdelov and his alleged accomplices were combined into one proceeding. On December 29, 2022, the Meshchansky Court of Moscow found Dmitry Bezdelov guilty of fraud on an especially large scale and sentenced him to nine years in prison in a general regime colony. In addition, the court imposed a fine of 1 million rubles on him and banned him from holding public office for three years. The charge of organizing a criminal community was dropped. In July 2019, the Investigation Department of the Ministry of Internal Affairs brought new charges against the former official for the theft of 49 million rubles during the construction of state border facilities. On November 20, 2022, the Tushinsky Court of Moscow, by partial addition of sentences, finally sentenced Dmitry Bezdelov to 10 years in prison. Thus, his period of detention was increased by one year.

Question in Russian criminal law

Clause 1 Art. 61 of the Constitution of the Russian Federation prohibits the extradition of citizens of their country.
According to paragraph 2 of Art. 63 of the Constitution of the Russian Federation, citizens who have committed crimes that are not recognized as such on the territory of Russia, as well as those persecuted for political reasons, are not extradited.
The extradition of foreign citizens and stateless persons is regulated by Art. 13 of the Criminal Code of the Russian Federation.
The decision on the issue of extradition is considered by the Prosecutor General or his deputy in accordance with paragraph 7 of Art. 462 of the Code of Criminal Procedure of the Russian Federation.

In addition to the above documents, the legal basis consists of legal acts and treaties of international scope. Russia has signed agreements on cooperation on extradition issues with 65 countries. Extradition can be carried out without a treaty within the framework of an equivalent exchange between states.

The following countries also do not extradite their citizens:

Japan.
France.
Belarus.
Ukraine.
China.

But the countries of the European Union, on the contrary, willingly hand over criminals to justice within the union. But when extraditing them outside the Union, they will be guided by the personal circumstances of the case.

European Union

EU countries behave like typical women in matters of extradition. The most reliable is Austria, like Great Britain, the extradition of fugitives is the exception rather than the rule, then Poland is extremely dangerous in this regard. At the same time, Austria also issued 3 cases of extradition. Still, the most reliable country for shelter is Sweden. Spain is also very dangerous for refugees.

Israel does not extradite only those with Jewish roots.

In the UAE, those accused of economic crimes are practically not extradited, but those who have committed a criminal offense are willingly extradited.

When can they refuse?

The grounds for refusal of extradition are:

violations when submitting a request;
lack of evidence of guilt;
the requested person is not a citizen of the country;
the sentence does not exceed 6 months;
in the homeland, the violator faces the death penalty or torture;
The conditions of detention of prisoners do not comply with international law.

In cases where a state interested in extradition requests the extradition of an already convicted person to serve his sentence in his home country, the following conditions may serve as grounds for refusal:

the offender is convicted of violations that are not such in his home country;
the punishment will be canceled at home due to the statute of limitations or by court decision;
an international treaty on extradition has not been signed between the states;
the convicted person lives in the Russian Federation on a permanent basis.

Get legal advice on international law

Principles of extradition
When deciding the fate of a person, the state that has received a request for extradition is guided by the work of the regulatory authorities and at the same time:

first of all, observes the laws of the country to ensure order within the state;
guarantees protection to its own citizens;
refuses to extradite its citizens to maintain political stability;
may consider the punishment unlawful if it was committed outside its borders;
takes the position that citizens can be held accountable only in accordance with their code.

States that do not have this concept

It is worth mentioning that there are no countries that never extradite criminals to the requesting party.

Any state, under pressure from the international community, will sooner or later extradite the offender to his homeland. The only question is how active the interested power will be.

There are countries that, due to strained relations with neighbors or any other country, do not extradite criminals there. But they also have partners or supreme states with whom the extradition process has been established under international agreements and treaties.

Despite all this, there are a number of states from which it is almost impossible to obtain extradition. For example, under no circumstances do the following countries extradite their citizens unless they are murderers or members of an organized crime group:

Great Britain;
United Arab Emirates;
Israel;
Kingdom of Bhutan;
Solomon islands.

Self-proclaimed and partially recognized countries adhere to similar policies. They reason like this: since they are not recognized by the world community, then there can be no talk about extraditing criminals from their territory. Such states include:

Cook Islands.
Niue Island.
Sahrawi Arab Democratic Republic.
Free Kashmir.
Republic of Kosovo.
Turkish Republic of Northern Cyprus.

Where won't they send an attacker to Russia?

It makes no sense for the Russian Federation to wait for the extradition of a criminal from countries that:

are not parties to international conventions on mutual cooperation;
did not conclude an agreement with Russia on mutual assistance in the fight against international crime;
do not recognize the violation as a crime;
are in geopolitical confrontation with Russia.

These countries include:

USA;
Canada;
Japan;
China;
Poland;
Sweden;
Lithuania;
Latvia;
Estonia;
Georgia;
Austria;
South Korea;
Belarus.

Which states will not extradite a criminal to the USA: list

The following countries do not carry out extradition to the United States:

Russia;
Ukraine;
Belarus;
Moldova;
Armenia;
Kazakhstan;
Uzbekistan;
China;
Syria;
Croatia;
Montenegro;
Bosnia and Herzegovina;
Azerbaijan;
Georgia;
Kyrgyzstan;
DPRK;
Morocco;
Serbia;
Tunisia;
Tajikistan.

Alexander Ignatenko (2013)

On February 7, 2013, former first deputy prosecutor of the Moscow region Alexander Ignatenko was extradited from Poland to Russia. He was the main defendant in a criminal case regarding the involvement of high-ranking law enforcement officials in the organization of underground casinos in the Moscow region (the media called the “case of Moscow region prosecutors”). According to investigators, the deputy prosecutor received 47 million rubles ($1.54 million) for patronizing underground gambling establishments. At the beginning of May 2011, Ignatenko was put on the federal wanted list; on November 9, 2011, an international warrant for his arrest was sent by the Prosecutor General's Office of the Russian Federation to Interpol. On January 1, 2012, Alexander Ignatenko was arrested in the vicinity of the Polish ski resort of Zakopane. From February to July 2013, the official was in the Lefortovo pre-trial detention center. On June 18, 2013, the Prosecutor General's Office of the Russian Federation returned the criminal case of Alexander Ignatenko for additional investigation, since the collected evidence did not confirm the presence of signs of this crime in the actions of the accused. On July 1, 2013, he was released on his own recognizance. Subsequently, the Investigative Committee of the Russian Federation repeatedly extended the period of investigation into the “case of Moscow region prosecutors.” No investigative actions against the accused were reported.

Difference from deportation

The terms extradition and deportation mean actions that are similar in meaning – the removal of a person from the country. But there are a number of conditions that affect the outcome of this process.

Deportation is the forced removal of a foreign national or stateless person whose legal authority to remain in a country has ended.

A request from another state is not required for deportation. The decision on it is made by the country's migration service. If extradition is the expulsion of a criminal from the country, then deportation is the same process, but in relation to an ordinary citizen who is in the country illegally.

Another fundamental difference is that the deportee will not be subject to persecution or punishment in his home country.
There is not even a fine for deportation, and the flight will be paid for by the state that carries it out. However, entry into the country will be closed for at least 5 years. The commonality between the terms is that deportation, along with extradition, is prohibited in relation to its citizens.
The use of extradition does not guarantee fair justice and a reduction in the level of international crime. Often it is effective only on paper, but in reality even dangerous criminals feel at ease on the territory of the harboring state. But in 2022, there have been positive trends in international law in this direction, which will simplify the extradition procedure.

Alexander Zakharov, Martin Babakekhyan (2007, 2008)

On August 17, 2007, Alexander Zakharov was extradited to Russia from Spain, and on January 19, 2008, Martin Babakekhyan. In May 2003, they were put on the international wanted list on charges of involvement in the murder of Magadan Region Governor Valentin Tsvetkov in Moscow on October 18, 2002. On July 7, 2006, at the request of Russian authorities, the suspects were detained in the Spanish city of Marbella, where, according to local police, they lived with fake documents. On February 21, 2011, the Moscow City Court sentenced Alexander Zakharov to 17 years in prison. Martin Babakekhyan was recognized as the organizer of the murder of the governor and received 19 years. Other members of the criminal group that organized the murder of Valentin Tsvetkov were also sentenced to long prison terms. The masterminds of the crime were not identified during the investigation.

Legal relationship with the USA

It should be noted that Russia did not enter into an extradition agreement with the United States. However, since 2000, the Russian Federation has been participating in the European Convention of 1957. The Americans adhere to their principles in cooperation with our country:

it is premature to conclude any acts providing for the extradition of criminals;
cooperation with the Russian Federation is carried out only on specific cases, each of them will be considered separately;
Its citizens can be extradited to Russia, but only as part of the procedure not of extradition, but of deportation.

"Black" Museum

Tourists interested in detective stories and investigative mysteries would like to visit the “black” museum of the world-famous Scotland Yard. It is located in the London Police building. The museum is divided into 2 parts. One features exhibits on 19th-century crimes. The second part is material evidence of the most famous crimes committed in Great Britain in the 20th century.

In the museum you can see items that relate to Jack the Ripper and the cruel gangsters - the Kray brothers. Here you can get acquainted with the story of John Haig, a serial killer who dissolved the bodies of his victims in containers of acid. The museum also contains personal belongings of members of the famous gang that committed the “Great Train Robbery” in 1963.

How to avoid extradition

International cooperation in terms of mutual assistance in criminal matters is being improved. That is why citizens who are afraid of persecution by the authorities or who have already been sentenced to arrest have the opportunity to evade justice. Moreover, it can be avoided regardless of the severity of the crime committed.

Those who managed to travel outside the Russian Federation must correctly choose the country in which they plan to hide from domestic justice. In any case, it is better to resort to legal assistance, since even staying in countries without extradition is not absolutely safe for those who have escaped.

Statistics on extradition to and from Russia of persons who have committed crimes

At the moment, Russia has extradition treaties with only 65 states, while 188 are members of Interpol. However, the lack of agreements does not mean that if the Russian Federation applies, the government of a country with which there is no treaty will not meet the Russian Federation halfway. It all depends on the benefits and interests.

For example, Venezuela, with which there is no agreement, deported A. Belousov, who was involved in cocaine smuggling, to the Russian Federation. The prerequisite for such a step was the active struggle of Venezuelan law enforcement agencies against drug traffickers.

One of the most promising countries for Russians is England. Over the past 20 years, it has not extradited a single criminal to the Russian Federation. Also popular countries in this regard include the USA, Sweden, and Cambodia.

Help from a lawyer

For those who have left but fear extradition, an extradition lawyer can help. There are many law firms operating outside the Russian Federation that provide assistance in matters related to the prosecution of domestic authorities.

By contacting one of them, citizens will receive exactly the support that will help them not to hide from justice. This could be obtaining refugee status or legal support for applying to the ECHR. Often the European Court is the last resort that can help a person who is unfairly persecuted in his homeland.