HC Deb 02 July 1987 vol 118 cc125-6W
Mr. Ashdown

asked the Secretary of State for the Home Department if the United Kingdom has an extradition treaty with the People's Republic of China; and if he will make a statement.

Mr. John Patten

The United Kingdom has no extradition treaty with the People's Republic of China.

Mr. Ashdown

asked the Secretary of State for the Home Department what is his policy towards surrendering fugitives to countries with whom the United Kingdom does not have an extradition treaty; and if he will make a statement.

Mr. John Patten

There is at present no power to extradite fugitives to foreign countries with which the United Kingdom has no extradition treaty. Clause 11 of the Criminal Justice Bill, recently introduced in another place, would, if enacted, enable the United Kingdom to extradite fugitives in the absence of a treaty, provided that the requesting state established a prima facie case against the fugitive.

Mr. Ashdown

asked the Secretary of State for the Home Department (1) what is his policy towards delaying the signing of extradition warrants until relevant applications lying before the European Commission on Human Rights are decided; and if he will make a statement;

(2) what is his policy towards delaying the signing of extradition warrants where there are allegations of likely ill-treatment in the requesting country, until relevant applications lying before the European Commission on Human Rights are decided; and if he will make a statement.

Mr. John Patten

The United Kingdom accepts the right of individual petition to the Commission, but is under no obligation under the European Convention on Human Rights to defer the surrender of a fugitive pending consideration of a petition. I understand that it is not the practice of the Commission to ask for surrender to be delayed except where, for example, there are allegations of likely ill-treatment in the requesting state. It is the practice to defer surrender where this is requested by the Commission.