Aylor

Abstract

Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Protocol VI to European Convention on Human Rights, 1950 — Effect — Whether application of death penalty to extradited persons now contrary to public policy — Obligation of requested State to seek assurance that death penalty will not be imposed or carried out — Nature of assurances required — Duty of courts to ascertain that guarantees will be adequate in practice — Extradition to United States of America — France-United States Extradition Treaty, 1909

Human rights — Inhuman and degrading treatment or punishment — Death penalty — Whether constituting inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950, Article 3 — Protocol VI to the Convention — Threat of imposition of death sentence — Delay in execution and “death row” phenomenon — Whether constituting violations of Convention

Human rights — Scope of human rights treaty — European Convention on Human Rights, 1950 — Applicability to extradition proceedings — Whether requested State responsible under Convention for treatment of fugitive in requesting State — Threat of death sentence in requesting State — Whether constituting a violation of Article 3 of Convention — Whether right to fair trial under Article 6 of Convention applicable to extradition proceedings