Main Debate
- To what extent does the regional practice in Latin America apply international principles concerning the extradition of asylum seekers and refugees?
Main Point
- Comparison between protection against extradition and asylum granted to refugees
Treaties
- Inter-American Convention against Terrorism, 3 June 2002, AG/RES. 1840 (XXXII-O/02), Arts. 11, 12 and 13.
- Inter-American Convention on Extradition, 25 February 1981, OAS Treaty Series No. 60, Arts. 4 and 6.
- Montevideo Convention on Extradition, 26 December 1933, Arts 3 and 17.
- Montevideo Treaty on International Penal Law, 23 January 1889, Arts. 19-29.
Inter-American Court of Human Rights
Precautionary Measures
- Precautionary measures, 27 October 1999, in order that the government of Argentina refrained from extraditing a Peruvian citizen to his country of origin, in connection with political reasons, while his asylum claim is being assessed.
Inter-American Commission on Human Rights
- Merits of the case Wayne Smith, Hugo Armendariz et al v. United States of America, Report No. 81/10, 12 July 2010, (Case 12.562) (due process of law on a case-by-case basis in immigration removal proceedings, humanitarian defenses to removal, application of balancing test to individual cases that duly considers humanitarian defenses, and right to family life). The Commission concluded that in expulsion cases the State should permit the alleged victims to present their humanitarian defenses to removal, that a competent, independent immigration judge should apply a balancing test to individual cases that duly considers their humanitarian defenses and can provide meaningful relief, and the implementation of laws to ensure that non-citizen resident’ right to family life are protected and given due process on a case-by-cae basis in immigration removal proceedings.
General Assembly of the Organisation of American States
Resolutions
