UK-Pakistan Extradition Treaty—Finally Concluded

The United Kingdom and Pakistan have apparently finalized the extradition treaty between the two countries. A year ago, we discussed the apparent signing of the extradition treaty, but it was a false alarm, and more recently, we discussed that one point of contention is that the treaty may be applied retroactively.

According to the British High Commissioner in Islamabad, Mark Lyall Grant, Pakistan and the United Kingdom have “finalised an extradition treaty, which would be soon ready for signing after some apprehensions of Islamabad were addressed.”^[1] Mr. Grant said “that the most difficult issue which delayed the signing of the treaty was the ‘death penalty,’” ^[2] though it isn’t entirely clear how the issue was resolved. Asked whether the treaty would apply retroactively, Mr. Grant replied “that it would have a ‘change effect,’” which is a particularly inscrutable comment.^[3]

The Pakistani “foreign office has almost finalised the agreement with the UK but the content of the draft has not been shared with the stakeholders, which would have an impact on around 1 million Pakistanis living in Britain.”^[4]

The new extradition treaty would likely not have much of an effect on the United Kingdom’s ability to extradite the suspects arrested in Pakistan recently^[5] for their alleged involvement in the plot to blow up airliners which was announced yesterday. This is because both the UK and Pakistan are parties to the International Convention for the Suppression of Terrorist Bombings. This Convention allows countries to extradite^[6] individuals who are implicated in plots to commit bombings.^[7]

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[1] Pak, UK Finalise Extradition Treaty, Says UK Envoy Grant, ANI, Aug. 9, 2006.
[2] Id.
[3] Id.
[4] Pakistan and UK Finalise Extradition Treaty: Envoy, The Dawn, Aug. 9, 2006.
[5] Sadaqat Jan, Pakistan Arrests 7 in UK Terror Plot, AP (via Yahoo!), Aug. 11, 2006.
[6] International Convention for the Suppression of Terrorist Bombings, Jan. 12, 2998, art. 8.
[7] Id. art. 2.