Extradition is a critical tool for international cooperation, allowing states to surrender individuals accused or convicted of crimes for prosecution or punishment. Panama’s extradition system is structured to balance its legal obligations with the protection of individual rights. The process is governed by the Criminal Procedure Code and international treaties, and Panama manages two primary types of extradition: passive and active. This article provides an in-depth analysis of Panama’s extradition framework, including the procedures, key features, safeguards, and temporary surrender provisions.
Types of Extradition in Panama
- Passive Extradition
In passive extradition, Panama responds to a request from another state for the surrender of an individual. This involves both administrative and judicial processes. The Ministry of Foreign Affairs of the Republic of Panama is responsible for reviewing the request, while the judicial authorities ensure compliance with legal standards. Panama grants extradition only when the requesting state’s documentation meets the requirements outlined in the law and applicable international treaties. - Active Extradition
Active extradition occurs when Panama requests the surrender of an individual from another state for prosecution or sentencing. This process is typically initiated through diplomatic channels, and the requesting state must submit the necessary documentation in compliance with both international treaties and the laws of the requested state. - Transit Extradition
Panama may also facilitate the passage of individuals who are being extradited from one state to another through its territory. However, transit is not permitted if the individual is Panamanian or if the transit poses a risk to Panama’s interests.
Key Features of Panama’s Extradition Process
- Alignment with the Accusatory System: Reforms introduced in 2013 aligned Panama’s extradition procedures with the accusatory criminal model, emphasizing due process, legal representation, and transparency.
- Due Process Protections: Individuals involved in the extradition process are entitled to be informed of the charges and provided legal representation. The process ensures judicial oversight, allowing courts to review the procedural compliance but not the merits of the underlying criminal case.
- Denial Grounds: Extradition requests may be denied on several grounds, including nationality, political offenses, crimes under military law not considered criminal offenses under the penal code of the requesting country and Panama, or the risk of inhumane treatment in the requesting country. Panama ensures that individuals are not extradited to face unfair trials or torture.
- Double Criminality: For extradition to be granted, the offense for which extradition is requested must be punishable under the laws of both Panama and the requesting state.
The Extradition Procedure: Key Stages
- Provisional Detention:
Upon receiving a request for extradition, Panama can detain the individual provisionally. This detention, coordinated through INTERPOL, typically lasts up to 60 days, allowing the requesting state to formalize the extradition request. - Formalization of Extradition:
The requesting state must submit complete documentation within the prescribed time frame. Judicial authorities then review the case and determine whether the detention continues. - Extradition Decision:
After reviewing the case, the Panamanian Ministry of Foreign Affairs decides whether to grant or deny the request. The individual may agree to expedited extradition or appeal the decision within 15 days.
Special Provisions: Temporary Surrender and Property Seizure
- Temporary Surrender:
Panama may authorize the temporary surrender of an individual already involved in legal proceedings or serving a sentence in Panama for a different crime, provided the requested crime is related. The individual must return to Panama once the pending legal process or sentence concludes. - Seizure of Property:
In certain circumstances, Panama may seize property found in possession of the individual if it is related to the crime for which extradition is requested. - Return of Seized Property:
Seized property may be returned to the requesting state, but only if the relevant agreements and guarantees are in place to ensure its return to Panama once the legal proceedings conclude.
Simplified and Deferred Extradition
- Simplified Extradition:
An individual may agree to waive the formalities of the extradition process for a faster transfer to the requesting state. - Deferred Extradition:
Extradition may be deferred if the individual is currently serving a sentence or facing charges in Panama. In such cases, the transfer may occur only after the domestic proceedings are concluded.
Responsibilities and Costs
- Responsibility for Transfer:
The Ministry of Foreign Affairs oversees the entire extradition process, while the requesting state is responsible for the costs associated with the transfer of the individual.
Conclusion
Panama’s extradition process is designed to uphold international cooperation, ensuring that individuals accused or convicted of crimes are held accountable while safeguarding their legal rights. The country’s framework incorporates numerous safeguards to protect individuals from unfair treatment and inhumane punishment. Whether in the case of passive, active, or transit extradition, Panama remains committed to maintaining the balance between sovereignty, justice, and human rights.
If you wish to consult with a Panamanian lawyer regarding a criminal matter, please contact us at +507 6290-3468 or send us an email at info@lawyerinpanama.com.