Abstract

This paper explores the complexities of extradition in the context of human rights protection, showing interest in how individual freedoms are protected in the extradition process. The introduction begins with an understanding of extradition, focusing on the history of the law, which has developed over time about human rights protection in the twentieth century. Then trace the importance these protections are taking in moulding modern extradition treaties, specifically how the right of the extraditee must be protected in an ever-changing process. In this paper, several topics related to the understanding that extradition is not any more only a state-to-state transaction, but an act of trust from the extraditing state toward the requesting state in its legal system. States become increasingly discriminative in entering extradition treaties, preferring those with robust legal systems that respect human rights. The paper continues to discuss the role of international human rights law in the extradition process, especially where the extraditee is likely to be subjected to a risk of torture, cruel, inhuman, or degrading treatment, or an unfair trial. The paper thus raises awareness of the increased concern about the protection of individual rights within the framework of international cooperation in criminal justice through the scrutiny of the role human rights issues play in extradition treaties and state practice. Ultimately, this paper argues that extradition should continue to be a mechanism of cross-border legal cooperation while balancing it with fundamental human rights to ensure that the spirit of justice is pursued and respected without compromising human dignity.

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