The recent Liu v. Poland judgement acknowledges the breach of Articles 3 and 5 ECHR vis-à-vis an applicant facing extradition proceedings in Poland. From its wording, it can be inferred that a general situation of violence is deemed to exist in China and that individuals can face a risk of torture of ill-treatment should they be transferred to that country. Also, the ECtHR takes the opportunity to uphold its settled case-law on the ‘due diligence’ that is required of national authorities aiming at detaining individuals for the purpose of extradition.
‘General situation of violence’ and lack of due diligence pending detention: a step towards a total ban of transfers to China?
Lorenzo Bernardini;
2023
Abstract
The recent Liu v. Poland judgement acknowledges the breach of Articles 3 and 5 ECHR vis-à-vis an applicant facing extradition proceedings in Poland. From its wording, it can be inferred that a general situation of violence is deemed to exist in China and that individuals can face a risk of torture of ill-treatment should they be transferred to that country. Also, the ECtHR takes the opportunity to uphold its settled case-law on the ‘due diligence’ that is required of national authorities aiming at detaining individuals for the purpose of extradition.File in questo prodotto:
Non ci sono file associati a questo prodotto.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
