Why No Extradition Treaty Makes Justice for a Russian Suspect in Ghana So Difficult

In a case that has captured national attention, Ghanaian authorities are pursuing a Russian national accused of serious cybercrimes, including the non-consensual distribution of intimate videos of Ghanaian women. However, a fundamental gap in international legal cooperation—the lack of a bilateral extradition treaty between Ghana and Russia—poses a formidable obstacle to bringing the suspect to trial in Ghana. This article provides a clear, in-depth analysis of the legal, diplomatic, and practical challenges involved, based on expert criminological insight.

Introduction: A Complex Cross-Border Prosecution

The scenario presents a classic 21st-century justice dilemma: a crime committed on Ghanaian soil, allegedly by a foreign national, who may now be outside the country’s reach. The Ghanaian government, through the Ministry of Communication, Digital Technology and Innovation, has pledged to use “diplomatic and legal means” to secure the suspect’s return under the nation’s cybersecurity laws. Yet, as experts clarify, the absence of a pre-existing, binding extradition treaty between Ghana and Russia transforms this from a routine legal procedure into a high-stakes diplomatic negotiation. The core question is not just about the crime, but about the mechanisms of international legal cooperation and what happens when those primary mechanisms are unavailable.

Key Points: Understanding the Core Challenges

• Treaty Absence: Ghana and Russia do not have a bilateral extradition treaty, which is the standard legal framework for the formal surrender of fugitives.
• Interpol’s Role: Interpol can issue a Red Notice to alert member countries about a wanted person, but it cannot arrest or extradite; it merely facilitates international police cooperation and information sharing.
• Diplomatic Channels: Without a treaty, the Ghanaian government’s primary recourse is through direct diplomatic engagement with Russian authorities, a process with no guaranteed outcome or timeline.
• Prosecution Alternatives: Options like prosecuting the suspect in absentia or seeking his trial in Russia are legally complex, potentially impractical, and may not satisfy the demands of victims for justice within Ghana’s legal system.
• Victim-Centered Justice: The case highlights the tension between a state’s duty to prosecute crimes against its citizens and the limitations imposed by the international state-centric legal order.

Background: How Extradition Normally Works

The Role of Bilateral and Multilateral Treaties

Extradition is a formal, legal process where one sovereign state (the requesting state) asks another (the requested state) to surrender a person accused or convicted of a crime. This process is almost always governed by a treaty. These treaties specify the crimes that are extraditable (often including cybercrimes and offenses against privacy), the evidentiary standards required, and the procedural safeguards for the requested person. They create a predictable, rule-based pathway for cooperation.

For Ghana, extradition relations are primarily governed by the Extradition Act, 1960 (Act 26). This domestic legislation incorporates Ghana’s various bilateral treaties. A review of Ghana’s Ministry of Foreign Affairs and Regional Integration publications and treaty databases confirms the absence of a dedicated extradition pact with the Russian Federation. While both countries are members of Interpol and may have other diplomatic agreements, none specifically mandate the surrender of fugitives.

Interpol: A Tool for Awareness, Not Enforcement

Interpol (the International Criminal Police Organization) is often misunderstood. Its core function is to facilitate cross-border police cooperation. Its most visible tool is the Red Notice, which is an international “wanted persons” alert. However, a Red Notice is not an international arrest warrant. It is a request to member countries to identify, locate, and provisionally arrest a person pending extradition, based on a valid national arrest warrant. Crucially, Interpol has no authority to compel a country to arrest or extradite anyone. Compliance is voluntary and based on the requested country’s own national laws and its relationship with the requesting country. In a case without an extradition treaty, a Red Notice’s effectiveness is significantly diminished.

Analysis: The Specific Implications for the Ghana-Russia Case

Why the Treaty Gap Matters

Dr. Jones Opoku Ware, a criminologist and lecturer at KNUST, succinctly frames the problem: “If this person leaves the country, getting them back will be a very tall order because Ghana does not have any existing extradition agreements with Russia.” This means:

1. No Legal Obligation: Russia has no treaty-based legal obligation to consider Ghana’s extradition request. The decision is entirely discretionary, based on Russian domestic law and political will.
2. Higher Evidentiary & Legal Hurdles: Even if Russia agrees to consider the request, the process would be ad hoc. The standards of proof, the list of extraditable offenses, and the rights of the accused would be determined by Russian law, which may differ substantially from Ghana’s.
3. Political Nature of the Request: The request becomes a matter of diplomatic negotiation rather than the execution of a pre-agreed legal procedure. This inherently introduces variables of international relations, reciprocity, and broader geopolitical considerations.

The Complication of Dual Nationality or Russian Protection

The analysis becomes even more complex if the suspect holds Russian citizenship or is believed to be within Russian territory. Many countries, including Russia, have constitutional or legal prohibitions against extraditing their own citizens. In such a scenario, Russia’s only legal recourse, if it deemed the allegations credible, would be to prosecute the individual domestically under Russian law for acts that may also constitute crimes in Ghana (e.g., violations of privacy, cyber harassment). However, this raises several issues:

• Would Russian prosecutors have the interest, capacity, or legal basis to pursue a case involving alleged victims primarily in Ghana?
• Would the charges and potential penalties under Russian law align with the severity perceived under Ghana’s Cybersecurity Act, 2020 (Act 1038)?
• Would a trial in Russia provide the same sense of justice and reparation for the Ghanaian victims?

The Diplomatic Pathway: Appeals to “Conscience” and State Interest

Faced with the treaty void, Dr. Opoku Ware suggests the government may need to “appeal to the conscience of the Russian Republic.” This diplomatic approach can take several forms:

• Formal Extradition Request Without Treaty: Ghana can still submit a request through diplomatic channels (Ministry of Foreign Affairs), arguing the case’s merits and the principle of aut dedere aut judicare (extradite or prosecute).
• Bilateral Discussions on Cooperation: Negotiating a one-off arrangement or a future general extradition treaty could be a long-term outcome of this case.
• Leveraging Other Agreements: Exploring if any other bilateral agreements (e.g., on legal assistance, counter-terrorism, or organized crime) contain clauses that could be interpreted to support cooperation.
• Public and Multilateral Pressure: While sensitive, highlighting the case in international forums or through media can create reputational incentives for Russia to engage constructively.

The success of any diplomatic effort depends on the perceived reciprocal value and the weight Ghana can place on the relationship. As the expert notes, this requires “careful diplomatic engagement and patience.”

Practical Advice: Navigating the Diplomatic & Legal Maze

For governments and legal practitioners in similar jurisdictions, this case offers several lessons:

For the Ghanaian Government and Legal Authorities:

• Exhaust All Diplomatic Channels: The Ministry of Foreign Affairs must lead sustained, high-level engagement with the Russian Ministry of Foreign Affairs and Ministry of Justice. The case should be framed not just as a bilateral issue, but as a matter of combating transnational cybercrime that threatens global norms.
• Build an Irrefutable Legal Dossier: The evidence package for any extradition request must be meticulously prepared, authenticated, and translated. It must clearly demonstrate probable cause, the nexus to Ghana (the crimes were committed against Ghanaian victims on Ghanaian digital platforms), and the applicable Ghanaian laws violated.
• Explore Alternative Jurisdiction: If the suspect is located in a third country that does have an extradition treaty with both Ghana and Russia, a “triangular” extradition request might be theoretically possible, though legally intricate.
• Consider Civil Remedies: Parallel to criminal efforts, victims could explore civil lawsuits against the suspect, though enforcement of any foreign judgment would face similar hurdles.
• Public Communication Strategy: Manage public expectations by transparently explaining the legal barriers without compromising diplomatic negotiations. Emphasize the government’s commitment to pursuing all lawful avenues.

For Policymakers: The Long-Term Treaty Imperative

• Prioritize Treaty Negotiations: This case is a stark reminder of the necessity of a comprehensive network of bilateral extradition and mutual legal assistance treaties (MLATs). The Ministry of Foreign Affairs and Attorney-General’s Department should prioritize initiating negotiations for an extradition treaty with Russia and review treaties with other major countries whose nationals frequently visit Ghana.
• Domestic Legal Preparedness: Ensure national legislation, like the Cybersecurity Act, has clear extraterritorial reach provisions where constitutionally permissible, allowing prosecution of certain offenses committed abroad against Ghanaian interests.
• Strengthen Regional Cooperation: Enhance legal frameworks within ECOWAS and the African Union to create regional mechanisms for the surrender of offenders, which could serve as a fallback or complementary option.

FAQ: Frequently Asked Questions

Can Ghana simply ask Interpol to arrest and bring the suspect back?

No. Interpol cannot arrest or extradite anyone. Its Red Notice is a request for member countries to provisionally arrest a person based on a valid national warrant. The subsequent extradition process is governed solely by the national laws of the country where the person is found and any applicable treaties. Without a treaty with Russia, a Red Notice has limited practical force.

What does “prosecute in absentia” mean, and is it an option?

In absentia means “in the absence of” the accused. Some legal systems allow a criminal trial to proceed without the defendant physically present. Ghanaian law permits this under specific, strict conditions (Section 78 of the Criminal Procedure Code). However, securing a conviction and a meaningful sentence that can be enforced if the suspect never enters Ghana is highly challenging. It also denies the accused the right to a real-time defense and may not fully satisfy the victims’ need for a participatory justice process.

If Russia refuses to extradite, can the suspect ever be punished?

Potentially, but not by Ghana. If Russia refuses extradition and the suspect remains on Russian soil, only Russian authorities can prosecute him under Russian law for acts that constitute crimes there. Ghana’s power to punish ends at its borders. The case would then depend entirely on Russia’s willingness to investigate and prosecute the alleged offenses.

Does the suspect’s nationality (Russian) change the situation?

Yes, significantly. As highlighted, Russia, like many nations, is extremely reluctant to extradite its own citizens. If the suspect is a Russian citizen, the legal and political barriers to extradition become nearly insurmountable. The only viable path, if Russia acknowledges the crime, is domestic prosecution in Russia.

How common is it for countries to lack extradition treaties?

It is not uncommon, especially between countries with limited historical judicial or diplomatic ties. Many nations have a dense network of treaties with allies and neighbors but gaps with others. The absence of a Ghana-Russia treaty reflects a historical lack of judicial cooperation needs between the two nations, a gap now exposed by this modern cybercrime.

Conclusion: Justice Delayed, but Not Necessarily Denied?

The case of the Russian suspect in Ghana is a critical case study in the limits of international law. It starkly illustrates that the ideal of seamless cross-border justice is often constrained by the patchwork of bilateral treaties and the sovereign discretion of states. The absence of an extradition treaty with Russia is not a minor technicality; it is the defining feature of the entire legal challenge, shifting the battlefield from courtrooms to diplomatic chambers.

While the immediate prospects for securing the suspect’s physical presence in Ghana for trial appear bleak under current legal frameworks, the situation is not hopeless. It demands a sophisticated, persistent, and creative diplomatic strategy from the Ghanaian government, built on a watertight legal case. Ultimately, this incident serves as a powerful catalyst for Ghana to urgently review and expand its treaty network, ensuring that future victims of transnational crime do not face the same daunting barrier to justice. The path forward is complex, requiring patience, legal precision, and high-stakes diplomacy, but the pursuit of justice for the victims must continue through every available channel.

Sources and Further Reading

• Ghana. (1960). Extradition Act, 1960 (Act 26). Retrieved from the Ghana Legislation website.
• Ghana. (2020). Cybersecurity Act, 2020 (Act 1038). Retrieved from the Ghana Legislation website.
• Republic of Ghana Ministry of Foreign Affairs & Regional Integration. (n.d.). Bilateral Agreements. [Official list of treaties, accessed for verification of extradition treaties].
• Interpol. (n.d.). What is a Red Notice? Official Interpol website. [Explains the non-compulsory nature of Red Notices].
• United Nations Office on Drugs and Crime (UNODC). (n.d.). Extradition and Mutual Legal Assistance. [Provides foundational knowledge on international extradition models and treaty law].
• Joy FM (Ghana). (2026, February 18). Interview with Dr. Jones Opoku Ware, Criminologist and Lecturer, KNUST. [Primary source for expert commentary in the original article].
• Life Pulse Daily. (2026, February 18). “No extradition treaty makes justice for Russian suspect tough – Criminologist.” [Original news report].