Heeralall v. Commissioner of Prisons

Abstract

Extradition — Treaties — Whether binding — Requirement of existence of a binding extradition treaty — State succession to treaties upon independence — Request for extradition of accused from Mauritius to France — Whether United Kingdom — France Extradition Treaty continuing to be binding in respect of Mauritius — Constitutional guarantees of due process — Whether absence of similar guarantees in requesting State precludes extradition of accused

State succession — Treaties — Extradition treaty — Colony achieving independence — Whether extradition treaty concluded by former colonial power still applicable — Attitude of other party to treaty

Relationship of international law and municipal law — Treaties — Whether treaty in force for newly independent State — Admissibility of expert evidence

Treaties — Conclusion and operation — State succession — Whether treaty in force after independence — Nature of treaties — The law of Mauritius