Ekstradicija između prava i politike

In the paper, the author considers the issue of extradition, in the application of which some extralegal influences come to the fore, primarily political, and which in some cases take precedence over the law. After the introductory remarks, in which a brief overview of the conceptual definition of extradition and other relevant issues is given, the author deals with certain forms of deviation from the regular framework of extradition, such as expulsion or “disguised extradition”, as well as a kind of kidnapping, which in American literature is called “extraordinary rendition”. The author particularly considers extradition in the context of torture as an illegal way of dealing with persons whose extradition is requested by certain states. In this regard, some disputed extradition cases committed by the Republic of Serbia were discussed in more detail. The relationship between extradition and the possibility of life imprisonment without the right to parole, i.e. the death penalty, was also considered, primarily from the point of view of the practice of the European Court of Human Rights. At the end, a brief overview of one of the most current cases in which extradition is discussed - the case of Julian Assange - is given.