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The Netherlands has, in the light of assistance in criminal matters, concluded treaties for the extradition of suspects and fugitive convicts with several states. The treaties can bi- as well as multilateral. With some countries the Netherlands has both bi- and multilateral treaties at the same time. In those cases, most of the time the multilateral one is the most novel[ clarification needed], and thus is the one applied. There are countries with which the Netherlands has a classic[ clarification needed] extradition treaty and countries which fall, together with the Netherlands, under the system of the European Arrest Warrant. Some countries do not extradite their own nationals. The Netherlands does. Moreover, it even does not require reciprocity on the matter. The Netherlands will, however, not extradite when there is a chance the extraditee will be sentenced to death.

Types of extradition

There are two régimes under which individuals can be surrendered to another state to stand trial or to undergo their sentence:

1. The régime of surrendering under the European Arrest Warrant. This régime is excusively applicable within the European Union and with Iceland, Norway and the United Kingdom. This system is based on Council Framework Decision 2002/584/JHA . The Netherlands has implemented this decision the Overleveringswet (Surrendering Act).

2. The régime of extradition is used for all other countries. In the Netherlands, extradition is exclusively possible if there is a treaty with the requesting country. The execution of the treaties is governed by the Uitleveringswet (Extradition Act).

Types of treaties

There are, roughly speaking, four types of establishing dual criminality:

1. The enumeration system - In this system, the crimes which can lead to extradition are explicitly listed in the treaty. Dual criminality is however required. [1]

2. The elimination system - In this system, there is no list. Dual criminality is established if the crime is punishable in both countries and is threatened with a minimum maximum penalty in both countries. [2] The minimum maximum penalty is established in the treaty concerned. In case of extradition for execution, the treaty provides a minimum remaining term of sentence which still had to be served.[ citation needed]

3. The combination system - These are treaties with a list and a minimum maximum sentence. [3] If the extradition cannot take place because the maximum penalty in one of the countries does not fulfill the minimum established in the treaty, extradition can still happen if the crime is listed in the treaty.[ citation needed]

4. All the above systems have the requirement that the crime must be punishable in both countries. Type number 4, the European Arrest Warrant (EAW), does not always have that requirement.[ citation needed] Requests from other EU member states are treated like the above mentioned combination system, with the exception for dual punishability. This is not required for crimes on the list.[ citation needed]

List of extradition treaties

Country System Treaty type Extradition of
Dutch nationals		 Extradition of
nationals to
the Netherlands		 Remarks
  Albania [4] Elimination Multilateral Probably No European Convention on Extradition
  Andorra [5] Elimination Multilateral Yes No European Convention on Extradition
  Argentina [6] Enumeration Bilateral No No Treaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7 September 1893
  Armenia [7] Elimination Multilateral Probably No European Convention on Extradition
  Australia [8] Elimination Bilateral Yes Probably Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26 October 1988
European Union   Austria [9] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Azerbaijan [10] Elimination Multilateral Probably No European Convention on Extradition
  Bahamas [11] Enumeration Continuation Probably Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union   Belgium [12] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Bosnia and Herzegovina [13] Elimination Multilateral Probably Unknown European Convention on Extradition
European Union   Bulgaria [14] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Canada [15] Elimination Bilateral Yes Yes Treaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal in 13 October 1989
European Union   Croatia [16] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Cyprus [17] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Czech Republic [18] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Denmark [19] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Estonia [20] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Finland [21] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   France [22] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Georgia [23] Elimination Multilateral Yes Yes European Convention on Extradition
European Union   Germany [24] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Greece [25] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Hong Kong [26] Enumeration Bilateral No Probably not Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26 August 2002; Suspended since 21 October 2020 [27]
European Union   Hungary [28] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Iceland [29] EAW Multilateral Yes Yes Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006
  India [30] Enumeration Continuation Probably No Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union   Ireland [31] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Israel [32] Elimination Multilateral Yes Yes European Convention on Extradition
European Union   Italy [33] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Kenya [34] Enumeration Continuation No Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union   Latvia [35] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Liberia [36] Enumeration Bilateral No No Agreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2 February 1895
  Liechtenstein [37] Elimination Multilateral Yes No European Convention on Extradition
European Union   Lithuania [38] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Luxembourg [39] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Malawi [40] Enumeration Continuation No Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union   Malta [41] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Mexico [42] Elimination Bilateral No No Extradition treaty between the Kingdom of the Netherlands and Mexico, signed 16 December 1907 in Mexico DF
  Moldova [43] Elimination Multilateral Yes No European Convention on Extradition
  Monaco [44] Elimination Multilateral Unknown Unknown European Convention on Extradition
  Montenegro [45] Elimination Multilateral Yes No European Convention on Extradition
  New Zealand [46] Enumeration Continuation No Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
  North Macedonia [47] Elimination Multilateral Yes No European Convention on Extradition
  Norway [48] EAW Multilateral Yes Yes Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006
  Pakistan [49] Enumeration Continuation No No Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union   Poland [50] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Portugal [51] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Romania [52] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Russia [53] Elimination Multilateral Probably No European Convention on Extradition
  San Marino [54] Elimination Multilateral Yes No European Convention on Extradition
  Serbia [55] Elimination Multilateral Yes Probably not European Convention on Extradition
European Union   Slovakia [56] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
European Union   Slovenia [57] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  South Africa [58] Elimination Multilateral No Unknown European Convention on Extradition
  South Korea [59] Elimination Multilateral Yes Unknown European Convention on Extradition
European Union   Spain [60] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
  Surinam [61] Elimination Bilateral No No Agreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27 August 1976
European Union   Sweden [62] EAW Multilateral Yes Yes Council Framework Decision 2002/584/JHA
   Switzerland [63] Elimination Multilateral Yes Unknown European Convention on Extradition
  Tanzania [64] Enumeration Continuation No Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
  Trinidad and Tobago [65] Elimination Bilateral Yes Yes Treaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7th Februari 2003; Not ratified, but provisionally in effect.
  Turkey [66] Elimination Multilateral Yes No European Convention on Extradition
  Uganda [67] Enumeration Continuation No Unknown Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
  Ukraine [68] Elimination Multilateral Yes No European Convention on Extradition
  United Arab Emirates [69] Elimination Bilateral No Probably not Agreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29 August 2021; Execution of a death sentence or corporal punishment is a ground for refusal; if the extradition of a national is refused, the refusing state must take over the prosecution.
  United Kingdom [70] EAW Multilateral Yes Yes Trade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels 30 December 2020 (Part III)
  United States [71] Combination Bilateral Yes Yes Extradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24 June 1980; Execution of a death sentence is a ground for refusal

References

  1. ^ Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  2. ^ Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  3. ^ Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  4. ^ Chart of signatures and ratifications of Treaty 024
  5. ^ Chart of signatures and ratifications of Treaty 024
  6. ^ Treaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7 September 1893 (Staatsblad van het Koninkrijk der Nederlanden 1898 No. 29) (in French and Dutch)
  7. ^ Chart of signatures and ratifications of Treaty 024
  8. ^ Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26 October 1988 (Australian Treaty Series 1991 No. 20)
  9. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  10. ^ Chart of signatures and ratifications of Treaty 024
  11. ^ Exchange of Notes between the Government of the Commonwealth of the Bahamas and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Nassau on 28 May 1985 (Tractatenblad van het Koninkrijk der Nederlanden 1986 No. 119)
  12. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  13. ^ Chart of signatures and ratifications of Treaty 024
  14. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  15. ^ Treaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal on 13 October 1989 (Canada Treaty Series 1991 No. 32)
  16. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  17. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  18. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  19. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  20. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  21. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  22. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  23. ^ Chart of signatures and ratifications of Treaty 024
  24. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  25. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  26. ^ Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26 August 2002 (Tractatenblad van het Koninkrijk der Nederlanden 2002 No. 175)
  27. ^ Tractatenblad van het Koninkrijk der Nederlanden 2020 No. 113 (in Dutch)
  28. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  29. ^ Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 (Official Journal of the European Union 2006 No. L 292/2)
  30. ^ Diplomatic correspondence between the Government of India and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in The Hague on 6 August 1971 (Tractatenblad van het Koninkrijk der Nederlanden 1971 No. 198)
  31. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  32. ^ Chart of signatures and ratifications of Treaty 024
  33. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  34. ^ Exchange of Notes between the Government of Kenya and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Nairobi on 10 November 1967 (Tractatenblad van het Koninkrijk der Nederland 1968 No. 1)
  35. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  36. ^ Agreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2 February 1895 (Staatsblad van het Koninkrijk der Nederlanden 1896 No. 143) (in Dutch)
  37. ^ Chart of signatures and ratifications of Treaty 024
  38. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  39. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  40. ^ Exchange of Notes between the Government of Malawi and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Blantyre on 28 June 1968 (Tractatenblad van het Koninkrijk der Nederlanden 1968 No. 121)
  41. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  42. ^ Extradition treaty between the Kingdom of the Netherlands and Mexico, signed 16 December 1907 in Mexico DF (Staatsblad van het Koninkrijk der Nederlanden 1909 No. 118) (in Dutch)
  43. ^ Chart of signatures and ratifications of Treaty 024
  44. ^ Chart of signatures and ratifications of Treaty 024
  45. ^ Chart of signatures and ratifications of Treaty 024
  46. ^ Diplomatic correspondence between the Government of New Zealand and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Wellington on 9 June 1982 (Tractatenblad voor het Koninkrijk der Nederlanden 1982 No. 103)
  47. ^ Chart of signatures and ratifications of Treaty 024
  48. ^ Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 (Official Journal of the European Union 2006 No. L 292/2)
  49. ^ Diplomatic correspondence between the Government of Pakistan and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in The Hague on 24 June 1952 (Tractatenblad van het Koninkrijk der Nederlanden 1971 No. 211)
  50. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  51. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  52. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  53. ^ Chart of signatures and ratifications of Treaty 024
  54. ^ Chart of signatures and ratifications of Treaty 024
  55. ^ Chart of signatures and ratifications of Treaty 024
  56. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  57. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  58. ^ Chart of signatures and ratifications of Treaty 024
  59. ^ Chart of signatures and ratifications of Treaty 024
  60. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  61. ^ Agreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27 August 1976 (Tractatenblad voor het Koninkrijk der Nederlanden 1979 No. 143) (in Dutch)
  62. ^ Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  63. ^ Chart of signatures and ratifications of Treaty 024
  64. ^ Exchange of Notes between the Government of Tanzania and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Dar es Salaam (Tractatenblad van het Koninkrijk der Nederlanden 1968 No. 109)
  65. ^ Treaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7 February 2003 (Tractatenblad van het Koninkrijk der Nederlanden 2003 No. 43) (in Dutch)
  66. ^ Chart of signatures and ratifications of Treaty 024
  67. ^ Exchange of Notes between the Government of Uganda and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26 September 1898), signed in Entebbe 27 January 1967 (Tractatenblad van het Koninkrijk der Nederlanden 1967 No. 132)
  68. ^ Chart of signatures and ratifications of Treaty 024
  69. ^ Agreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29 August 2021 (Tractatenblad van het Koninkrijk der Nederlanden 2021 No. 117)
  70. ^ Trade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels on 30 December 2020 (Official Journal of the European Union 2021 No. L 149/10
  71. ^ Extradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24 June 1980 (United Nations Treaty Series 1984 No. 22924)
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