Stephen Vasciannie

In recent years, the question of extradition has assumed increasing prominence in Jamaica. Some of the discussions on extradition that make the airwaves are not exceptionally well-informed, while another set reflect balanced, careful judgment. This column is a plea that we will have more of the latter and less of the former.

The law pertaining to extradition from Jamaica is governed by our Extradition Act. Among other things, the Extradition Act identifies extraditable offences, persons liable to be extradited, procedures to be adopted in extradition cases, and committal for extradition purposes. Extradition matters are addressed mainly in the resident magistrate's courts, with appeals being heard by the Court of Appeal. For extradition matters, there is no appeal to the Judicial Committee of the Privy Council - a point accepted by the Privy Council itself.

Extradition matters may also be governed by extradition treaties between Jamaica and other countries. There are also special provisions to govern extradition cases between Jamaica and various Commonwealth countries. At the same time, general rules of domestic law will also be applicable to extradition cases. In the circumstances, then, it should be clear that the law pertaining to extradition will not always be amenable to straightforward summary or simple propositions.

NON-LEGAL ARGUMENTS

That said, I believe that, as a general rule, Jamaica should be willing to participate fully in extradition arrangements with the United States of America, the United Kingdom and other countries.

I would go further to suggest that some of the arguments that have been raised against extraditing person to the United States are based either on xenophobia or on the false notions concerning the role of power in extradition cases.

Such non-legal arguments have been brought into the public debate about extradition in a way that is designed to weaken the practice of extradition. For example, it is sometimes implied in talk-show discussions about extradition that persons should not be extradited from Jamaica to the United States (U.S.), because the U.S. would not send any persons to Jamaica.

The extradition treaty between both countries is reciprocal - it can work both ways. If Jamaica is not making extradition requests, why should this bar the U.S.A. from requesting that persons be sent to them?

Some people also imply that we should not extradite Jamaicans because they will not get justice in the U.S.A. On occasion, this contention is built simply on the false premise that all Americans are prejudiced against Jamaicans, and in other cases, it is meant to build on national scepticism about the assumptions held by other people.

There are, to be sure, instances in which the American system has not produced just results, but that is true of every jurisdiction. It is unfair and unreasonable to generalise from this to the conclusion that the American courts cannot produce just results for Jamaicans.

CONVICTION

Another line of argument against extradition is built on the perception that once a person has been extradited to the U.S. he or she will be convicted. In some instances, the person extradited has already been convicted following the due process of law. In such cases, extradition simply ensures that sentencing (incarceration) will be implemented. But, in other instances, the accused is extradited to undergo trial.

In these instances, the accused has the presumption of innocence and enjoys the same level of safeguards in the U.S. or the United Kingdom as he or she would in Jamaica. The point, then, is that we should not presuppose that extradition means guilt.

Finally, we should recall that extradition may actually help us. Following trial, conviction and sentencing, some of our drug dealers and others living on a life of crime may well end up in American jails for a long time.

This must be to our benefit as Jamaicans. In this society, the fear is sometimes expressed that the really big drug dealers are immune from suit, and from anyforms of pressure. Such persons are, however, vulnerable to the possibility of extradition, and we can be confident that the Jamaican big don is not too big for the American and British systems.