The question that therefore requires clarification is what is the nature and content of the public interest that stands against the right not to be framed, and what is its weight when it is placed against it at stake. The public's interest in extradition or non-extradition is formed from a fusion of all the interests involved - those who support extradition and those who reject it. We will find these from the interpretation of the legislation that was devoted to the issue of extradition, namely the Extradition Law, from the provisions of the relevant extradition convention and from other sources.
The Public Interest in the Light of the Extradition and Treaties Law
- In a Criminal Appeal 74/85 Ibid. [32] Stand Justice Bach The need to give a broad interpretation to the terms in the Extradition Law (Name, p. 284). In a Criminal Appeal 318/79 Ibid. [15] Beta Justice Barak Similar approach,
stating that "...The clear tendency of the courts [is] to give extradition conventions a liberal interpretation..." (ibid., at p. 103). President Barak reiterated this position, in a minority opinion, in the Sheinbein case [44], stating that "...Extradition laws (and extradition treaties) are interpreted liberally..." (ibid., at p. 640). On the other hand, Justice Or, in a majority opinion, ruled that it was not possible to "...to determine, as a sweeping rule, that the laws set forth in the Extradition Law should be interpreted in a 'liberal' manner" (ibid., at p. 660).
In my view, the question is not the degree of liberality in the interpretation of the law. The extradition laws, like any other law, are interpreted according to their purpose and out of a balance between the values embodied in them (see: The Aloni case [16], at p. 42; Criminal Appeal 600/88 Davis v. Attorney General [46], at p. 647; High Court of Justice 3806/93 Manning v. Minister of Justice [47], at p. 425; Additional Criminal Hearing 8612/00 Berger v. Attorney General [48], at p. 449). This purpose, and more specifically these purposes, are the key to understanding the public interest in the question of extradition in each and every case.