undefined | Better HN

0 pointsrsynnott5y ago0 comments

> That seems like the line of argument you could employ to deny every extradition to the US then.

While it doesn't quite go that far, it is pretty common for extradition from Europe to the US to be blocked for this reason.

Arguably, given how common solitary confinement is in the US, all extradition to the US should be abandoned.

> denying on something you are certain it is going to be reversed on appeal

Why would you think it would be reversed? It's fairly common to refuse extradition where the subject would be at significant risk of being abused/tortured/executed.

0 comments

justincormack5y ago

All potential death sentence extraditions are automatically refused (not just from UK). A fair number of other ones are, not sure what proprtion.

stefan_5y ago

The point of an extradition treaty is surely that lawmakers have concluded the two systems participating are reasonably close to allow for extradition in the first place. It is then not the place of a judge to decide otherwise.

There are exemptions such as no extradition when the conduct isn't illegal in the extraditing country, but as you mention: if you consider solitary confinement torture, there is no reason to approve of any extradition to the US anymore.

ClumsyPilot5y ago

'It is then not the place of a judge to decide otherwise'

It is precisely role of the Judge to uphold the law and rights, they take precedence over any agreements

Talanes5y ago

It's not the place of the judge to consider the treaty one way or another. Judges judge based on the actual laws put in place in their court.

If the current state really isn't what the lawmakers had intended with their treaties, then they need to update the domestic laws that go along with them.

rsynnottOP5y ago

The US will sometimes promise to not use solitary confinement (or various other forms of inhumane treatment/torture) to secure extradition, and some countries will sometime accept that.

gsnedders5y ago

Likewise capital punishment.

j / k navigate · click thread line to collapse