The Commission considered the admissibility of a complaint by a Turkish national that extradition from Switzerland to Turkey to serve a sentence imposed for kidnapping and raping a 14 year old girl would infringe article 3 because of Turkish prison conditions, article 6 because his trial in Turkey had not been fair and article 8 because extradition would interfere with respect for his family life in Switzerland. The Commission held in para 2 that expulsion or extradition might ‘in exceptional circumstances’ involve a violation of fundamental rights because of the serious fear of treatment contrary to article 2 or 3 in the requesting country. It further held that an issue might ‘exceptionally’ be raised under article 6 where a fugitive had suffered or risked suffering ‘a flagrant denial of a fair trial’ in the requesting state (emphases added). The Commission held that, on the facts, this was not such a case. It went on to reject the admissibility of the article 8 claim on the facts.
Citations:
24698/94
Jurisdiction:
Human Rights
Cited by:
Cited – Norris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Extradition
Updated: 01 July 2022; Ref: scu.401806