Why the justice minister cannot sign
Jamaica is also said to be relying on the terms of the Extradition Treaty, and specifically Section 7(1)(e), which says: "A person shall not be extradited...if it appears to the minister that his extradition is prohibited by any law in force in Jamaica.
"Section 8(3): The Minister may not issue an authority to proceed if it appears to her that an order for the extradition of the persons concerned could not lawfully be made or would not in fact be made in accordance with the provisions of this Act."
Additionally, a request for assistance made by a foreign state under the Mutual Assistance (Criminal Matters) Act Section 16(1)(a)(1) "...shall be refused if, in the opinion of the Central Authority (the minister) compliance with the request would contravene the provisions of the Constitution, or prejudice the security, international relations or other essential public interest of Jamaica."
Oh dear.. conflicted indeed...
lol !
Jamaica is also said to be relying on the terms of the Extradition Treaty, and specifically Section 7(1)(e), which says: "A person shall not be extradited...if it appears to the minister that his extradition is prohibited by any law in force in Jamaica.
"Section 8(3): The Minister may not issue an authority to proceed if it appears to her that an order for the extradition of the persons concerned could not lawfully be made or would not in fact be made in accordance with the provisions of this Act."
Additionally, a request for assistance made by a foreign state under the Mutual Assistance (Criminal Matters) Act Section 16(1)(a)(1) "...shall be refused if, in the opinion of the Central Authority (the minister) compliance with the request would contravene the provisions of the Constitution, or prejudice the security, international relations or other essential public interest of Jamaica."
Oh dear.. conflicted indeed...
lol !
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