Fight Aganist Transnational Organized Crimes

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1. Introduction

Human Rights passed the important stages of development since 2nd World War and became an influential factor in international relations. At the same time, transnational crime has showed a significant increase. In this sense, the international community has reacted by establishing strong legal mechanisms and intensifying the preparation process of international agreements for the creation of a more favorable climate. Extradition is regarded as an effective tool in the fight against transnational organized crimes. Inevitable, there are divergences on the inclusion of human rights through the extradition process in terms of international treaties and domestic laws of the countries. More importantly extradition process involves international law, politics, criminal law and human rights aspects so it is highly difficult to take into consideration all these aspects. Soering v. United Kingdom case is a leading matter for this point in the field of interaction between International criminal law and fundamental human rights. Obviously, International criminal law covers different mechanisms for the suppression of transnational crimes, but this system shows also weaknesses in some cases where human rights factor appears more sensitive. States have the obligation to fight transnational crimes within the framework of cooperation at the same time it is unacceptable matter that human rights infringements while extraditing the suspects. According to these crucial points, human rights factor takes a great deal of importance now more than ever. The American legal realists have commonly stated that defining the correct balance with regard to common interests, recognition of clear mechanisms and standards indicates a high value in t...

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...t difficult situations is the non-extradition of nationals especially of those civil law tradition seem more sensitive in this issue. Some commentators suggest that the person’s native land has the authority to punish its citizen prosecuted for any crime despite where this may occur. This formula is called as aut dedere aut punire (prosecute or extradite) which was originated by Hugo Grotius. This possible tool plays a significant role in the regulation of difficult situations, but this policy is often criticized because of the several deficiencies:
1) Ignorance of trial in one’s native land.
2) Fake prosecutions.
3) Reliability of trial while objects of crime and witnesses are located in a different place.
Along similar lines, prosecution of suspects in a requested state does not meet the international standards and expectations of a requesting state in some cases.

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