Best Extradition Lawyers in Panama

1. About Extradition Law in Panama

Extradition in Panama is the legal process by which a person suspected or convicted of a crime in one country may be surrendered to another country for prosecution or punishment. The process relies on constitutional provisions, international treaties Panama has ratified, and domestic procedural rules. Panama typically requires a formal judicial review, with the final decision often resting with the appropriate court or authorities under the applicable treaty framework.

Panama participates in bilateral and multilateral extradition arrangements, including the Inter-American framework, to ensure cooperation in criminal matters. Defendants facing extradition have constitutional protections and procedural rights that a Panama-based attorney can help to preserve. Understanding the interplay between domestic law and international treaties is crucial for anyone facing or advising on an extradition matter.

Extradition is a formal process by which one state requests the surrender of a person to face prosecution or punishment in another state, under international law and applicable treaties.

Source: UNODC overview of extradition and mutual legal assistance

2. Why You May Need a Lawyer

• Arrest on an international request in Panama - You are detained in Panama because another country has requested your extradition. A lawyer can challenge procedural defects, verify treaty applicability, and protect your rights during detention and initial proceedings.
• Disputed identity or dual nationality - If there is confusion about who is being requested or if you hold more than one nationality, a lawyer can verify identity and ensure the correct person is subject to extradition proceedings.
• Grounds to refuse or delay extradition - You may raise defenses such as political offense, human rights concerns, or the risk of disproportionate punishment, which require legal analysis and evidence gathering.
• Complex treaty and procedural questions - Extradition often relies on international treaties and domestic procedures; a lawyer can interpret treaty language, determine dual criminality requirements, and manage expedited procedures if applicable.
• Appeals and post-decision challenges - If extradition is ordered or continued, an attorney can pursue appeals or motions to review the decision on legal grounds, including constitutional claims.
• Coordination with consular and defense rights - A lawyer can ensure your rights to legal counsel, proper notification, and access to translation or interpretation during the process.

3. Local Laws Overview

Constitution of Panama - The political constitution provides the constitutional framework governing extradition, including protections for individuals facing surrender and the authority over extradition decisions. The constitution interacts with international treaties ratified by Panama to determine how extradition requests are processed.

Inter-American Convention on Extradition (1981) - Panama is party to this regional treaty that standardizes extradition procedures among member states and helps facilitate cooperation for criminal matters across the Americas. This treaty, together with Panamanian law, shapes the prerequisites and limits on surrender decisions.

Código Procesal Penal (Criminal Procedure Code) and related international cooperation provisions - Extradition matters in Panama typically involve procedural rules that govern arrest, detention, and court review, and may reference international cooperation provisions for mutual legal assistance. Proceedings can involve both national courts and international treaty considerations.

Mutual legal assistance and extradition among Panamanian authorities and foreign jurisdictions are guided by international treaties and Panamanian procedural law to ensure due process and rights of the accused.

Sources for further reading: UNODC Extradition pages and Organization of American States resources

4. Frequently Asked Questions

What is extradition under Panama law and who decides it?

Extradition is the formal surrender of a person to another country for prosecution or punishment. In Panama, decisions are typically made after judicial review, with input from constitutional courts and treaty obligations. The final decision often lies with the competent Panamanian judiciary under treaty framework.

How do extradition requests reach Panama from other countries?

Requests are typically transmitted through diplomatic channels or treaty-based mechanisms. Panama analyzes the request for authenticity, jurisdiction, and compliance with the applicable treaty before proceeding. A defense attorney can monitor these channels for proper procedure.

When can Panama grant an extradition or refuse it?

Extradition may be granted if the offense is extraditable under the relevant treaty and if procedural and legal requirements are satisfied. Refusal may occur for grounds like political offense, lack of dual criminality, or human rights concerns. Each case requires careful fact-building and legal argument.

Where are extradition hearings held in Panama?

Extradition hearings and related proceedings typically occur in Panamanian courts under the procedural framework established by domestic law and treaty obligations. The exact venue depends on the stage of the case and the court system.

Why is a lawyer essential in an extradition case in Panama?

A lawyer protects your rights, interprets treaties, challenges improper procedures, and builds a robust defense strategy. Extradition cases involve complex interplay between international law and domestic rules that require specialized expertise.

Can Panama extradite a dual national or citizen?

Dual nationals may face extradition depending on treaty terms and domestic law. A lawyer can assess whether dual nationality affects eligibility and how to present arguments in your favor.

Should I contact a lawyer immediately after arrest for extradition?

Yes. Early legal counsel helps to secure your rights, evaluate the basis for extradition, and begin building defenses. Immediate steps also include preserving evidence and identifying key witnesses.

Do I have the right to appeal an extradition decision in Panama?

Most extradition decisions can be challenged through appeals or motions within the Panamanian judicial system. A lawyer can identify the best grounds for appeal and manage the procedural timelines.

Is there a cost range for extradition defense in Panama?

Costs vary by complexity, attorney experience, and duration of proceedings. Typical expenses include consultation fees, court filings, and potential expert witness costs, all of which should be discussed upfront with your attorney.

How long does the Panama extradition process typically take?

Timelines vary widely by case and treaty. Preliminary assessments can take weeks, while full appeals and court decisions may stretch over several months to a year or more in complex matters.

What is dual criminality and how does it affect Panama extradition?

Dual criminality requires that the alleged offense be illegal in both Panama and the requesting country. If not satisfied, the extradition request may be challenged or denied on that basis.

What are common grounds to challenge extradition in Panama?

Common grounds include political offenses, risk of torture or inhuman punishment, lack of proper notice, improper identity, and procedural violations in the extradition process.

5. Additional Resources

• UNODC - Extradition and mutual legal assistance - Global guidance on extradition practices and international cooperation in criminal matters. https://www.unodc.org
• Organization of American States (OAS) - Regional framework and instruments relating to extradition in the Americas, including the Inter-American Convention on Extradition. https://www.oas.org
• U.S. State Department - Panama country information - Official government information on Panama relations, extradition context, and legal considerations for U.S. interests. https://www.state.gov/country-information-panama/

6. Next Steps

1. Assess your situation - Determine whether you are the subject of a formal extradition request or risk and note all dates and documents involved. This helps to decide if you need immediate legal advice.
2. Find a Panama-experienced extradition attorney - Look for lawyers with track records in international criminal matters and treaty-based procedures. Request a written plan and fee estimate.
3. Prepare essential documents - Gather your passport copies, detention notices, court orders, and any treaty-related materials. Have translations ready if necessary.
4. Schedule a consultation - Meet with your attorney to review the extradition basis, possible defenses, and procedural timelines. Ask about potential expedited options.
5. Develop a defense strategy - Your lawyer will assess dual criminality, political offense, human rights concerns, or procedural violations to guide the defense.
6. Coordinate with your consulate - If applicable, involve your country’s consulate to protect your rights and receive appropriate support during proceedings.
7. Monitor deadlines and filings - Track appellate deadlines, motions, and the progression of the request to ensure timely and effective responses. Plan for possible appeals.