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Chapter Summary

Extradition law is permeated with special defences peculiar to its processes. Since the end of the Second World War II, several international and regional human rights conventions have been promulgated. Fair trial guarantees in human rights conventions correspond in part with the political offence exemption and with clauses preventing extradition if the transnational fugitive offender might be prosecuted, punished or prejudiced on account of her/his race, religion, nationality or political opinion. Whether international human rights law obligations are part of domestic law or not, the applicant will ordinarily have to show that he has exhausted domestic remedies before any application can be made to the treaty body. The death penalty is not contrary to international human rights law. It has already been seen in Lodhi that an accused feared extradition because he believed non-nationals in the requesting State would not receive a fair trial.

Keywords: death penalty; Extradition law; fair trial; human rights conventions; international human rights law; treaty body



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