Right to Life vs. Capital Punishment in Extradition Proceedings: a Legal Aspect [ READ ]
Vesna Stefanovska
Many states that have abolished capital punishment domestically also prohibit extradition when the fugitive may face the death penalty, unless the requesting State undertake not to imposed this penalty or at least gives enough assurances that this penalty will not be imposed on the fugitive. This article deals with the “battle” that exists between the human rights from one side and the capital punishment and extradition from the other side. Nowadays it is a fact that states are willing to respect the basic and inviolable human rights, so they refuse extradition in cases where the fugitive can be faced the “death row phenomenon”, especially because the courts have an opinion that the requested state is responsible if the fugitive will be imposed with death penalty or if there is a substantial ground that he will be subjected to torture or other ill-treatment. The major question on which one single answer cannot be given is: in which situations institutions and courts must look on the human rights of the fugitive with a purpose and duty to protect those rights and when the punishment that is given represents an equal response to the committed ofence by the fugitive offender.
Vesna Stefanovska
Many states that have abolished capital punishment domestically also prohibit extradition when the fugitive may face the death penalty, unless the requesting State undertake not to imposed this penalty or at least gives enough assurances that this penalty will not be imposed on the fugitive. This article deals with the “battle” that exists between the human rights from one side and the capital punishment and extradition from the other side. Nowadays it is a fact that states are willing to respect the basic and inviolable human rights, so they refuse extradition in cases where the fugitive can be faced the “death row phenomenon”, especially because the courts have an opinion that the requested state is responsible if the fugitive will be imposed with death penalty or if there is a substantial ground that he will be subjected to torture or other ill-treatment. The major question on which one single answer cannot be given is: in which situations institutions and courts must look on the human rights of the fugitive with a purpose and duty to protect those rights and when the punishment that is given represents an equal response to the committed ofence by the fugitive offender.
