Immigration law / Extradition

1. The applicant complained that his extradition to China would violate Article 3 and Article 6 § 1 of the Convention as – if extradited and tried – he would be at risk of torture and inhuman and degrading treatment; moreover, he would be denied a fair trial. He also complained under Article 5 § 1 that his detention pending extradition was unreasonably long and, therefore, arbitrary.

6 October 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Diplomatic assurances - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: China - Poland

30 April 2022 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

30 April 2022 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

1. The case concerns removal of the applicant to Tajikistan, in breach of an interim measure issued by the Court, and the conditions and lawfulness of the applicant’s detention pending removal. Articles 3, 5 and 34 of the Convention are, principally, invoked.

29 March 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Expulsion - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan

This matter engages the jurisdiction of this Court as it involves a constitutional challenge to section 4(1)(b) of the Act. Beyond this, it raises arguable points of law of general public importance, such as the definition of a political crime, the proper interpretation and application of the “exclusion clause”, whether an internal appeal process is available to an excluded person under the Act, as well as what the rights are of an excluded person who may be persecuted upon returning to her country of origin. These are issues of great importance to asylum seekers and refugees, and impact their right to fair administrative action.

28 September 2018 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Exclusion clauses - Extradition - Serious non-political crime | Countries: Serbia - South Africa