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| '''Extraordinary rendition''' is a practice of the [[United States]] government, where captives are transferred from US custody without going through the regular channels of [[extradition]].
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| In extradition, sometimes also called "rendition", a foreign government has to submit a formal extradition request, which the captive has an opportunity to challenge, in the justice system. In the USA extradition requests can be turned down, by the [[judicial branch]], even if the [[executive branch]] is in favor of the foreign nation's request. The judicial branch can dismiss an extradition request if the charges the foreign government has leveled against the captive are not crimes in the USA. The judicial branch can dismiss an extradition request if the captive has a reasonable fear of facing cruel and unusual punishment if he or she was extradited, or if they had a reasonable fear they would not face a fair trial.
| | '''Extraordinary rendition''' generally means bypassing international extradition when obtaining custody of a prisoner from a foreign country. It may, for example, avoid formal extradition procedure before the courts, but could still involve an administrative hearing before immigration authorities. |
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| Captives who face extraordinary rendition don't have an opportunity to challenge the justification for their transfer. | | ==Formal procedure== |
| | Captives who face extraordinary rendition may or may not have an opportunity to challenge the justification for their transfer. Such captives would typically make their challenge to the immigration authorities in that country, if they are not citizens of it, rather than to its courts. |
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| Human rights critics have expressed the concern that the USA initiates extraordinary rendition, and requests nations where the use of torture is routine to subject selected important captives to torture or other interrogation techniques prohibited by US law.<ref name=TheJurist20051206>
| | ==Secret procedure== |
| {{cite news
| | Legal distinctions have been drawn between secret rendition when there is, or is not, the possibility of torture. |
| | url=http://jurist.law.pitt.edu/paperchase/2005/12/bush-denies-us-rendition-for-torture.php
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| | title=Bush denies US rendition for torture but Rice acknowledges 'mistakes'
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| | publisher=[[The Jurist]]
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| | author=[[Greg Sampson]]
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| | date=Tuesday, December 6, 2005
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| | accessdate=2008-04-15
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| | quote=
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| }}</ref><ref name=TheJurist20070305>
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| {{cite news
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| | url=http://jurist.law.pitt.edu/forumy/2007/03/un-american-way-kafkaesque-case-of.php
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| | title=The Un-American Way: The Kafkaesque Case of Khalid El-Masri
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| | publisher=[[The Jurist]]
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| | author=[[Benjamin Davis]]
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| | date=March 5, 2007
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| | accessdate=2008-04-15
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| | quote=
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| }}</ref><ref name=TheJurist20070312>
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| {{cite news
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| | url=http://jurist.law.pitt.edu/forumy/2007/03/dangerous-discretion-state-secrets-and.php
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| | title=Dangerous Discretion: State Secrets and the El-Masri Rendition Case
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| | publisher=[[The Jurist]]
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| | author=[[Aziz Huq]]
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| | date=March 12, 2007
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| | accessdate=2008-04-15
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| | quote=
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| }}</ref>
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| [[United States President]] [[George W. Bush]] has asserted that the US Government does not send captives to countries where they will be [[torture]]d<ref name=Bush>
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| {{cite news
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| | url=http://www.whitehouse.gov/news/releases/2005/12/20051206-1.html
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| | title=President Meets with World Health Organization Director-General
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| | publisher=[[The White House]]
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| | author=[[George W. Bush]]
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| | date=December 6 2005
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| | accessdate=2008-04-15
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| | quote=
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| }}</ref>:
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| {{quotation|
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| "However, I can tell you two things: one, that we abide by the law of the United States; we do not torture. And two, we will try to do everything we can to protect us within the law. We're facing an enemy that would like to hit America again, and the American people expect us to, within our laws, do everything we can to protect them. And that's exactly what the United States is doing. We do not render to countries that torture. That has been our policy, and that policy will remain the same."}}
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| ==References== | | ==References== |
| <references/>
| | {{reflist|2}} |
Extraordinary rendition generally means bypassing international extradition when obtaining custody of a prisoner from a foreign country. It may, for example, avoid formal extradition procedure before the courts, but could still involve an administrative hearing before immigration authorities.
Formal procedure
Captives who face extraordinary rendition may or may not have an opportunity to challenge the justification for their transfer. Such captives would typically make their challenge to the immigration authorities in that country, if they are not citizens of it, rather than to its courts.
Secret procedure
Legal distinctions have been drawn between secret rendition when there is, or is not, the possibility of torture.
References
