Differences Between Extradition and Letters Rogatory
In international criminal cooperation, extradition and letters rogatory are two of the most frequently confused mechanisms. Although both form part of the same system of judicial cooperation, they are entirely different in terms of their purpose and consequences. Extradition refers to the surrender of a person to another state, while letters rogatory refer to the carrying out of a procedural act abroad. This article explains, in a clear framework, the key differences between extradition and letters rogatory, how both procedures operate, and how the political offence exception applies to these mechanisms.
There are two concepts frequently used in international criminal cooperation: extradition and letters rogatory.
Both are instruments of judicial cooperation between states. However, their subject matter, purpose and consequences are completely different.
In brief:
Extradition concerns the surrender of a person.
Letters rogatory concern the carrying out of a procedural act, such as hearing a witness or collecting evidence, in another country.
What Is Extradition?
Extradition is the surrender of a person to another country:
because of an offence allegedly committed in that country;
for the purpose of conducting an investigation or prosecution;
or for the enforcement of a sentence already imposed.
In other words, extradition means:
“The transfer of a person to another state so that they may be tried or serve a sentence.”
What Are Letters Rogatory?
Letters rogatory refer to an official request by:
a court or prosecutor’s office;
to the judicial authorities of another country;
asking them to hear a witness, take a statement, collect documents or gather evidence for an ongoing case.
In other words, letters rogatory mean:
“Sending the procedural act abroad, not the person.”
Key Differences
The following summary makes it easier to compare the two mechanisms side by side:
| Extradition | Letters Rogatory | |
|---|---|---|
| Subject | Surrender of the person | Carrying out a procedural act, such as hearing a witness, collecting evidence or conducting an inspection |
| Purpose | Trial of the person or enforcement of a sentence | Collection of evidence and statements needed in an ongoing case |
| Who Requests It? | States, usually through central authorities, prosecutors or courts | Usually a court or prosecutor’s office |
| Result | The person is physically sent to another country | The person is heard in the country where they are located; documents are sent from there |
| Effect on the Person | Directly affects personal liberty, including arrest and detention | Usually involves giving a statement, testifying or submitting documents |
| Legal Framework | Extradition treaties and criminal cooperation agreements | Mutual legal assistance, service of documents and evidence-gathering conventions |
| Effect of Political Offence | Extradition may generally be prohibited in political offence cases | In politically motivated files, refusal of letters rogatory may also arise |
Difference in Terms of Procedure
In the Extradition Process
In many cases, there is either an arrest warrant or a final conviction concerning the person.
The requesting state says:
“Send this person to me so that I can try them or enforce their sentence.”
The requested state then:
provisionally arrests the person;
examines the conditions for extradition, such as double criminality, limitation periods and the political offence exception;
and, if the conditions are met, surrenders the person.
In the Letters Rogatory Process
The main case is already being conducted in the requesting country.
The need concerns a witness, party, document or evidence located in another country.
The requesting court or prosecutor says:
“Hear this witness before the court, access these documents and send them to me.”
The authorities of the requested state then:
carry out the procedural act according to their own procedural law;
and send the minutes and documents back through official channels.
Difference in Terms of Political Offences
Political Offences and the Prohibition of Extradition
If a person is wanted on the basis of a political accusation, the requested state may refuse to extradite that person.
Political Offences and the Refusal of Letters Rogatory
For a politically motivated investigation concerning the same person, the requested state may also refuse requests to collect evidence, hear witnesses or share information.
In this way, the state effectively says:
“I will not contribute to a prosecution that I consider political in nature, either by returning this person or by collecting evidence.”
