Extradition

Antigua and Barbuda

Antigua and Barbuda - Genocide Act 1975 EN

5. Extradition Proceedings.

For the purpose of the Extradition Act, all powers vested in and acts authorized or required to be done by any person thereunder in relation to the surrender of fugitive criminals under the Extradition Acts. 1870 and 1873 of the United Kingdom and any Acts amending or substituted for those Acts, hereinafter called "the United Kingdom Acts", shall and may be done in relation to any offence of genocide, any attempt or conspiracy to commit such offence and any direct or excitement to commit such an offence and for the purposes of the application of the Extradition Act in so far as it relates to the United Kingdom Acts and such United Kingdom Acts shall be deemed in relation to any proceedings within Antigua and Barbuda to include the offence of genocide and any attempt of conspiracy to commit such an offence and any direct and public excitement to commit such an offence as if such offences were stated as extraditable offences in the United Kingdom Acts.

6. Non-political character of offence.

For the purposes of the Extradition Act and the Fugitive Offenders Act no offence which, if committed in Antigua and Barbuda would be punishable as an offence of genocide or as an attempt, conspiracy or excitement to commit such an offence shall be regarded as an offence of a political character, and no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

Antigua and Barbuda - Suppression of Torture Act 1993 EN

6. Torture not to be regarded as of a political character.

For the purposes of the Extradition Act, 1993, no offence to which section 3 applies shall be regarded as an offence of a political character and no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

Antigua Barbuda - Constitution 1981 (2011) EN

CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
PROTECTION OF RIGHT TO PERSONAL LIBERTY.
5.-
1. No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-
j. for the purpose of preventing the unlawful entry of that person into Antigua and Barbuda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Antigua and Barbuda or for the purpose of restricting that person while he is being conveyed through Antigua and Barbuda in the course of his extradition or removal as a convicted prisoner from one country to another; or

Antigua Barbuda - Extradition Act 1993 EN

PART VI
SPECIAL CASES

25. (1) For the purposes of this Act, no offence which, if committed in Antigua and Barbuda would be punishable as an offence under the Genocide Act or as an Xtempt, conspiracy or incitement to commit such an offence shall be regarded as an offence of a political character, and no proceedings in respect of such an offence shall be regarded as acriminal matter of apolitical character.

PART VI
SPECIAL CASES

25. (2) It shall not be an objection to any proceedings against a person under this Act in respect of an offence which, if committed in Antigua and Barbuda, would be punishable as an offence of genocide or as an attempt, conspiracy or incitement to commit such an offence that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused or of which he was convicted he have been punished for it.

Rome Statute

Article 102 Use of terms

For the purposes of this Statute:

(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.