Case Law of the European Court of Human Rights on Extradition

Published
March 18, 2026
Author
Khrabrykh S. A.
Original language
English

This report provides a systematic overview of the ECtHR’s approach to extradition cases, detailing the Convention-based framework for judicial control over the transfer of persons between states. It analyzes the central role of Article 3 ECHR as an absolute bar to extradition where there is a real risk of torture or inhuman treatment — a prohibition that allows no balancing against the interests of criminal prosecution or international cooperation. The report examines in detail the application of Article 6 through the flagrant denial of justice test, the significance of Articles 5 and 13 in ensuring the lawfulness of extradition detention and the effectiveness of legal remedies with suspensive effect. Special attention is given to the mechanism of interim measures under Rule 39, the critical assessment of diplomatic assurances, and the requirement for an individualized risk evaluation that connects the general country situation with the specific circumstances of the case. The report sets out a practical defense model based on translating case facts into the language of the Convention.

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