Extradition And Human Rights Violation: Balancing Justice And Protection
- IJLLR Journal
- 8 hours ago
- 1 min read
Principriya Meher, Vivekananda Institute of Professional Studies
Mohita Sharma, Vivekananda Institute of Professional Studies
Shubhangi Sharma, Vivekananda Institute of Professional Studies
ABSTRACT
Concern between Extradition and Human Rights has been the subject of debate in the International arena for a long period of time. This research paper discusses the nexus between extradition law and human rights, with a focus on how states strike a balance between seeking justice and the duty to safeguard individuals against persecution and discrimination. Extradition, which is a process of transferring accused or convicted persons from one state to another by law, has developed through bilateral and multilateral treaties that seek to enhance international cooperation in fighting crime. But where requests for extradition conflict with basic human rights, such as the danger of torture, inhuman or degrading treatment, unfair trials, political persecution, and discrimination in prosecution, concerns are raised.
By reviewing international legal structures, such as the UN Model Treaty on Extradition and the European Convention on Extradition and various other UN Conventions, this paper identifies the protections designed to safeguard human rights in extradition matters. It also analyses milestone cases how human rights are in conflict with Extradition laws, and the role of various Human rights organizations in extradition cases.
Finally, this paper suggests legal and policy changes that are intended to increase the protection of human rights in extradition. By achieving a balance between protection and justice, states can maximize their international human rights commitments while effectively dealing with transnational crime.
Keywords: Extradition, Human Rights, Torture, Unfair Trial, Political Persecution, International Law, Legal Reforms.
