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Екстрадицията и основните права на човека
Extradition and Human Rights

Author(s): Gergana Marinova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The study discusses the human rights issues in the context of extradition. The introduction presents the historical development of the extradition as a legal institute. Next, the protection of human rights provided by the extradition conventions is examined. As safeguards of human rights provided for in these conventions are considered: the political and military offence exception to extradition, the establishment of the death penalty, torture, degrading or inhuman treatment or punishment as barriers to extradition, the antidiscrimination provisions, the provisions guaranteeing the right to a fair trial. After that the protection of human right of the requested person according to the conventions on human rights and in particular according to the ECHR is discussed. The Soering case is analyzed in detail as far as it has great importance in the matter. Then the case law of the Court in Strasbourg concerning the right to life (art. 2 ECHR), prohibition of torture (art. 3), right to a fair trial (in the requesting state) (art. 6), right to respect for private and family life (art. 8) is examined. Next, the rights which the requested person can exercise in the course of the extradition proceedings in the requested state are discussed. These include right to liberty and security (art. 5), right to a fair trial (art. 6), right to an effective remedy (art. 13). The conclusion presents the existing in the legal doctrine suggestions for securing a better balance between the rights of the requested person and the rights of the states, namely the conditional extradition and the principle aut dedere aut judicare. In conclusion, the author analyses the completion strategy adopted by the Security Council for the ICTY and reveals the most important aspects of the residual mechanism for ICTY. For the implementation of this residual mechanism considerable efforts for co-operation are to be made by the states.

  • Issue Year: 2006
  • Issue No: III
  • Page Range: 38-70
  • Page Count: 33
  • Language: Bulgarian