Article 3 ECHR — Prohibition of Torture as a Bar to Extradition

Principle

Article 3 ECHR prohibits torture as well as inhuman or degrading treatment absolutely and without exception. In extradition law the rule is: an extradition is inadmissible if the requested person faces treatment in the target state that violates Article 3 ECHR.

Soering judgment 1989

In Soering v. United Kingdom (1989) the ECtHR established for the first time that the ECHR prohibits extradition to a state in which degrading treatment is threatened — even if that state is not a party to the ECHR. This principle is now generally recognized and is applied in German law through Section 73 IRG.

Detention conditions as the main field of application

Inhumane detention conditions are the practically most important field of application. Reports by Amnesty International, Human Rights Watch, the U.S. Department of State and the European Committee for the Prevention of Torture (CPT) are decisive. Particularly relevant: Turkey, Russia, Azerbaijan, Iran.

Under the European Arrest Warrant

In Aranyosi and Căldăraru (2016) and Dorobantu (2019) the ECJ made clear that the Higher Regional Court and the Federal Constitutional Court must review systemic deficiencies in detention conditions even with respect to EU member states — despite the principle of mutual recognition.

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