Assurances in Extradition – Circumventing Human Rights
Ever since the seminal case of Soering v UK 1989 human rights have conditioned extradition practice.
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Summary
No longer would requested persons be sent abroad to face torture, inhuman prison conditions, an unfair trial or a violation of their right to respect for their private and family life. Extradition law and practice had finally joined the 20th century, where human rights and the rule of law could not be side-lined in the name of international criminal cooperation. Even suspected terrorists and murders have human rights. The development of diplomatic assurances in extradition threatens to turn back the clock on practice. The UK and other states can seemingly circumvent their human rights obligations through the practice. The time is ripe for PhD research into the nature, role and effect of diplomatic assurances in extradition.
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