Europe’s judicial inquiry in extradition cases: closing the door on the death penalty

Abstract:

Extradition and the worldwide application of the death penalty, are exigent human rights issues within the Council of Europe and the European Union. The burgeoning global nature of criminal behaviour has ensured that Europe places these issues at the forefront of the human rights agenda. In this light, the Court of Human Rights and the Member State's high courts are formulating a per se rule against extradition when a suspect may face the death penalty in the receiving state. A homogenous European rule is being adopted through the court's initiation of judicial inquiry in extradition cases, and adjudicating on the parameters of the European Convention of Human Rights. This article analyses the decisions of the Court of Human Rights and state high courts, and argues for a continuance of judicial inquiry. Specifically, the Court of Human Right's decision in Soering v United Kingdom is reviewed with a comparative analysis of the Court's recent decision in Öcalan v Turkey. Despite such a European bulwark, the Öcalan decision appears to have avoided strengthening this human rights stance.