Under the wings of public policy, many of the interests related to the extradition law can be consolidated. In the matter before us, I saw room to address two: one is the duty to ensure that the person whose extradition is requested will not be wronged by the requesting country and that his trial will not be distorted. The second relates to the connection between extradition and the principle of the sovereignty of the state.
Extradition and the Right to a Fair Trial
- The right of a criminal defendant to a fair trial is a basic constitutional right. It stems from the individual's right to liberty and dignity. She insisted on this Judge Dorner:
"Basic Law: Human Dignity and Liberty... granted the status of a basic constitutional right to a person's right to a fair criminal trial, mainly by virtue of section 5 of the Basic Law, which establishes the right to liberty, and by virtue of sections 2 and 4, which establish the right to human dignity" (Circular 3032/99 Burns v. State of Israel [55], at p.
The right to a fair trial is a multifaceted right. Various principles are used in her promise. Strict adherence to them "...is a security factor of the utmost importance in the administration of substantive justice and in safeguarding the rights of suspects, defendants and witnesses in the framework of a criminal proceeding" (High Court of Justice 6319/95 Hachami v. Judge of the Tel Aviv-Jaffa Magistrate's Court [56], at p. 755). Their role is to balance the unequal power relations between the defendant and the prosecution, which normally enjoys preferential procedural status and other advantages, as well as to ensure that the defendant is given a full opportunity to present a version of innocence and act to prove it. Against this background, the underlying reasons for rights and guarantees, such as the presumption of innocence, the right to review investigative material, the right to remain silent and the right not to incriminate oneself, the right to be assisted by a lawyer, the right to cross-examine witnesses and present evidence, and more, become clear. Some of them have an explicit statutory anchor (see, for example: sections 15, 74, 126 of the Criminal Procedure Law [Consolidated Version] 5742-1982 and sections 32 and 34 of the Criminal Procedure Law (Enforcement Powers - Arrests), 5756-1996). The opinion was also expressed that these rights are currently "on the book" principles (Miscellaneous Criminal Applications 537/95 Gneimat v. State of Israel [57], at p. 375; High Court of Justice 1437/02 Association for Civil Rights in Israel v. Minister of Defense