8

In the episode Captive Pursuit, Tosk is arrested for attempting to tamper with a weapons locker. When the Hunters arrive, they demand Tosk be released to them to conclude the hunt. After agreeing to, essentially, consider the Alpha Quadrant out of bounds for their hunt, Sisko agrees to return Tosk.

But considering Tosk committed a crime and there’s no extradition procedure with the Hunters, shouldn’t Sisko have not released Tosk until after he was tried?

In the TOS episode Let That Be Your Last Battlefield, the lack of an extradition agreement is what stopped Loki from being handed over to Bele. Why is this situation different?

9

The authorities on Tosk's homeworld have every right to take him into custody, regardless of whether they have any extradition treaties with the Federation, since he's a member of their own society.+

He's presently under Odo's care but the reality is that his 'crimes' on the station were extremely minor and largely driven by self-defence. There really isn't a good reason to keep him, he's willingly volunteered to return with the hunters and he's not asked for asylum (which Lokai does in TOS: Let That Be Your Last Battlefield)

It ultimately boils down to the fact that with no asylum claim in place (temporarily making him part of Federation society), preventing him from being taken by his own people would be a breach of Starfleet's highest laws.

SISKO: I've agreed to release him.

O'BRIEN: (reacts) But sir, Tosk is a living, intelligent being...

SISKO: This is their custom, Chief... under the prime directive, we have no right to interfere...

Captive Pursuit - Original Screenplay


+ This principle is seen on a number of occasions including VOY: Repentance, TNG: The Hunted, TNG: Transfigurations, etc.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.