Extradition

Page 2 of 8

Filter category

Feature post image

Liu v. Poland: A Game Changer for the Extradition Agendas of Autocracies (like China)?

November 17, 2022

The case of Mr. Hung Tao LIU, one of the many Taiwanese suspects arrested in Europe for cross-border telecom fraud, has once again put Chinese human rights conditions under the international spotlight. By a judgment issued on 6 October 2022, Liu v. Poland, no. 37610/18, the First Section of the European Court of Human Rights (ECtHR) established—for the very first time—a general standard for national tribunals to evaluate future extradition requests from the People’s Republic of China (China) in applying the non-refoulement principle, i.e., whether there are substantial grounds for believing that the returned individual(s) would be at “real risk” of ill-treatment prohibited by Art. 3 of the European Convention on Human Rights (ECHR). The Court decided in Liu’s favor, finding that his extradition to China would constitute a violation of Art. 3 of ECHR. Additionally, the Court determined that Liu’s detention in Poland pending extradition was unnecessarily lengthy and therefore arbitrary. For the violation of Art. 5(1), Poland must compensate Liu for his non-pecuniary damage.    While the judgment is…

Read more

The Trilateral Agreement between Turkey, Finland and Sweden and the Silence of Human Rights: The Need to Apply the MoU in Light of Human Rights and Refugee Law Protections  

July 6, 2022

On 28 June, 2022, leaders of Turkey, Finland and Sweden met in Madrid to agree on a trilateral agreement that paves the way for Finland and Sweden’s NATO membership. The Memorandum of Understanding (MoU) that resulted from the meeting contains concrete commitments by Finland and Sweden to cooperate with Turkey in the fields of counter-terrorism, organised crime…

Read more

The Waiver of Immunity of Catalan MEPs: Reintroducing Politics in EU Extradition Law

March 11, 2021

On 8 March 2021, the European Parliament voted to lift the immunity of Catalan MEPs, Puigdemont, Comin and Ponsati. Although this long-lasting saga is far from being over as Puigdemont already announced his intention to bring the case before the CJEU on procedural grounds, this decision would theoretically enable Spanish authorities to resume the European arrest…

Read more

Humanitarian Victory for Assange

January 20, 2021

On 4 January 2021, the British judge Vanessa Baraitser of the Westminster Magistrates Court in London rejected the request to extradite Julian Assange to the United States in a solid 132-page judgment. This does not mean that the WikiLeaks founder has regained his freedom, however: his bail application was likewise rejected two days later on the…

Read more

M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

May 12, 2020

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who apply for visas at embassies with the intention to seek protection, do not fall within the jurisdiction of the ECHR State Parties in the sense of Article 1 ECHR. As…

Read more