HUMAN RIGHTS MAINTENANCE IN THE PROCEDURE OF EXTRADITION Cover Image

RESPECTAREA DREPTURILOR OMULUI IN PROCEDURA EXTRADARII
HUMAN RIGHTS MAINTENANCE IN THE PROCEDURE OF EXTRADITION

Author(s): Irina Ulianovschi, Gheorghe Ulianovschi
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: crime; human rights; extradition procedure; treaty

Summary/Abstract: The analysis of the jurisprudence of the European Court of Human Rights gives basis for concluding that the authorities of the states, in their activity of international cooperation in combating crime, are obliged to respect human rights and fundamental freedoms guaranteed by the Convention for Human Rights and Fundamental Freedoms, which may be violated by the extradition procedure. The conflict between the obligations of a State Party to the Convention to respect fundamental human rights and his obligations arising from an extradition treaty concluded with a third-party State should be settled by giving priority to the obligations to respect the bonds of fundamental human rights.

  • Issue Year: V/2010
  • Issue No: Special
  • Page Range: 175-183
  • Page Count: 9
  • Language: Romanian