In international law, extradition vs MLATs (Mutual Legal Assistance Treaties) is a topic often misunderstood. While both are tools for cross-border cooperation, they serve very different purposes—extradition deals with surrendering individuals, whereas MLATs facilitate evidence-sharing and judicial collaboration. Both are designed to help governments combat serious crimes such as terrorism, financial fraud, corruption, and money laundering. However, while they may seem similar, their purpose and legal frameworks are very different.
Understanding extradition vs. MLATs is essential for anyone facing international legal proceedings, lawyers handling cross-border cases, or individuals concerned about INTERPOL Red Notices. This guide breaks down the differences, procedures, and practical consequences of both mechanisms.
What is Extradition?
Extradition is the formal legal process through which one country hands over an individual accused or convicted of a crime to another country for prosecution or punishment.
For example, under the Extradition from Pakistan – Laws, Treaties & Case Law (2025 Guide), Pakistan requires a valid treaty or reciprocity agreement before surrendering fugitives.
Key Features of Extradition
- Based on treaties or bilateral agreements.
- Involves judicial review and executive approval.
- Applies to individuals accused or convicted of crimes.
- Often linked to INTERPOL Red Notices and International Law – Legal Perspectives (2025 Guide).
📌 Resource: United Nations Treaty Collection – Extradition Treaties.
What is a Mutual Legal Assistance Treaty (MLAT)?
An MLAT is a formal treaty between two or more countries that provides a legal framework for exchanging evidence and information in criminal investigations and proceedings.Unlike extradition, MLATs do not deal with surrendering persons. Instead, they help governments collect, share, and transfer evidence across borders.
Key Features of MLATs
- Focused on evidence gathering, not surrendering fugitives.
- Can involve bank records, witness statements, or digital data.
- Operates on the principle of reciprocity and cooperation.
- Often used in Extradition for Financial Crimes – Risks, Cases & Defense (2025 Guide) where offshore accounts are involved.
📌 Resource: UNODC – Mutual Legal Assistance Resources.
Extradition vs. MLATs – Key Differences
| Feature | Extradition | MLAT |
|---|---|---|
| Purpose | Surrender of a person | Exchange of evidence |
| Applies to | Fugitives, accused, convicted | Witnesses, documents, data |
| Requires Treaty? | Usually Yes | Yes |
| Judicial Review | Essential | Limited |
| Executive Role | High | Administrative |
| Common Use | Terrorism, violent crimes, fraud | Money laundering, corruption, cybercrime |
How Extradition and MLATs Work Together
In many cases, governments use both mechanisms simultaneously. For example:
- MLAT Request → to obtain bank account records.
- Extradition Request → to surrender the accused after evidence is collected.
This dual process is especially common in transnational financial crime cases, where both evidence and individuals are scattered across jurisdictions.
📌 Resource: Council of Europe – European Convention on Extradition.
Challenges with Extradition
- Political Influence – Some states refuse extradition for political offenses.
- Human Rights Concerns – Countries may deny extradition if there’s a risk of torture or unfair trial.
- Death Penalty Cases – Democracies often block extradition if the requesting country imposes capital punishment.
🔗 Related: Extradition from Pakistan – Laws, Treaties & Case Law (2025 Guide).
Challenges with MLATs
- Slow Process – Requests can take months due to bureaucracy.
- Selective Cooperation – Some states cooperate only when it benefits them.
- Conflicting Laws – Privacy or banking secrecy laws may block MLAT requests.
📌 Resource: U.S. Department of Justice – Mutual Legal Assistance Treaties.
Why the Distinction Matters for Defendants
For someone facing international investigation:
- Extradition means risk of losing personal freedom.
- MLATs mean authorities may build a stronger case against them using foreign evidence.
This makes it essential to seek early legal defense strategies before a case escalates into cross-border enforcement.
Legal Defense Strategies
- Challenging Extradition – Based on political motivation, human rights, or dual criminality.
- Opposing MLAT Evidence – Arguing improper procedures, privacy violations, or inadmissibility in court.
- International Advocacy – Raising concerns before human rights bodies.
Conclusion
While both extradition and MLATs serve international justice, they operate very differently. Extradition is about surrendering persons, whereas MLATs focus on evidence sharing.
For individuals at risk, understanding the difference is critical to mounting an effective legal defense. If you are concerned about extradition or international investigations, consult a lawyer experienced in cross-border criminal law.