(Image Credit:http://resources1.news.com.au/images/2012/05/30/1226375/441893-assange-extradition.jpg)
One of the most high profile and recent cases of extradition involved an order from the British High Court to remand Julian Assange, the founder and author of the website WikiLeaks to Sweden to face charges on sexual misconduct and assault.
Assange is supported by non-profit charities and other groups who have defended his right to publish information that is confidential and protected. The website features government documents and private information regarding the political and economic agenda, agents and employees involved in secret military and administrative operatives around the world. Much of the information shared is from the United States government administration, but several other countries have had similar private information and documents disclosed publically on the infamous site.
It is not difficult to imagine while Julian Assange would want to avoid travelling, let alone an extradition to face crimes unrelated to his activity as a hacker and publisher for WikiLeaks. Assange has denied the evidence presented in the sexual charges against him as a conspiracy, and while Australian and the United States government have discussed possible charges of treason, Julian Assange has not been charged with the crime of treason in any foreign country. Many countries acknowledge that they are building evidence through ongoing investigation of Assange.
In the meantime, press have estimated that Julian Assange (who opted to flee as a political refugee to the Ecuadorian Embassy is estimated to have cost British taxpayers approximately $17 million dollars US, according to the Washington Post as published on June 19, 2015.
So far so good for Julian Assange. Ecuador has an established bi-lateral extradition policy with over 109 countries around the world, however the local law does not recognize extradition on the grounds of espionage, which are the grounds for most of the legal charges pending for Assange. The sexual assault charge (which Assange flatly denies) may be seen as an attempt to force Ecuador to extradite him on a crime other than espionage.
Julian Assange cannot leave the Embassy in Ecuador and he cannot be charged (for the time being) or remanded to appear in court. Yet. But agencies around the world are trying to change that.
Countries with Established Extradition Laws
Before considering the idea of fleeing the United States in response to a warrant, criminal charge or sentence, consider that China, Iran, North Korea, Yemen and the United States of America have administrative laws that permit capital punishment and the execution of individuals found guilty of certain crimes. In 2012 there were 1,722 foreign nationals who were sentenced to death around the world.
Escaping legal consequences briefly in the United States may buy some more time “on the outside” but your chances of being found guilty and charged in another country, and offered a steeper penalty with fewer rights as a prisoner are high. Prisons around the world are not standard and while they vary from country to country in terms of facility and administration, American prisons presumed to be far safer than those in communist or developing countries.
Almost every country in the world has established bi-lateral extradition policies with the United States with the exception of five countries who will not extradite criminals to the US for trial. Those countries are:
- Cuba
- Mainland China (does not include Hong Kong or Singapore)
- Morocco
- Iran
- Nicaragua
While alleged criminals may choose a country where they feel a political, religious or cultural affiliation and a host country that may be ‘sympathetic’ to their cause, the absence of a foreign extradition policy will not prohibit the USA from requesting extradition for trial. In some circumstances the request can still be negotiated.
Why Leaving the Country is a Bad Idea
When an individual in the United States is charged with a crime and scheduled to appear in court, the judicial system evaluates the potential for flight risk. This first measure (bail bond) requires a significant financial deposit against the alleged which is designed to reduce the instance of flight from the country. If your parents or spouse have placed a bail bond and you leave the country, they are responsible for paying that bond as a breach of assurance. Bail can be set from thousands of dollars to millions of dollars depending on the nature of the alleged crime.
Being charged with a crime does not mean you will be found guilty of it. But immediately after alleged criminals decide to flee the State or Country, their innocence becomes harder to defend. Once the bail is set, if the individual fails to check-in, the bond can be called by the state and travel restrictions are placed to help apprehend the accused. Identification used at border crossings, airports and ocean vessels is checked against a global database and flagged the instance the alleged attempts to travel. Credit card, bank statements and cellular data can also be used to apprehend a suspect.
Being charged with a crime is an alarming experience, but fighting the urge to run is the best course of defense. Consulting with a criminal defense lawyer in Chicago immediately upon arrest (before making statements, signing documents or providing material evidence) is important to ensure that you receive the best possible criminal defense.
Avoid the increased risk of an increased charge or other severe and punitive consequences as a result of attempting to flee the American judicial system. Standing trial and formulating a defense against the charges can in some cases present favorably in court, and reduce the duration of sentencing.