Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction  ||  Delhi High Court: Software Receipts Not Taxable on PE Basis Already Rejected by ITAT  ||  Delhi High Court: Statutory Appeals Cannot Be Denied Due to DRAT Vacancies or Administrative Delays  ||  J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu  ||  Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint'  ||  Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed  ||  Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act    

Aleksi Petruhhin: Request for preliminary ruling from the Latvian Supreme Court - (10 May 2016)

EU countries not obliged to extend extradition protections to non-nationals

Human Rights

The European Court of Justice ruled that a national of a Member State of the European Union cannot claim extradition protections of another State by residing there. Instead, the State in which the person is residing can adhere to its international obligations, provided it is satisfied that the extradited person will not be subject to inhuman or degrading treatment.

The ECJ stated that such a stance did not constitute discrimination on the ground of nationality, so long as it could be shown that the categories of nationals were not in a comparable situation.

Aleksei Petruhhin, subject matter of extradition, an Estonian national was arrested in Latvia. Russia filed a request for Mr. Petruhhin’s extradition with Latvia, which under EU law refuses extradition of its citizens. Subsequently, the Latvian Supreme Court had submitted to the ECJ a reference inviting comment on the matter. Article 19 of the Charter of Fundamental Rights of the European Union states that nobody can be removed, expelled or extradited to a State where there is a serious risk of death, torture or inhuman treatment. Latvian law for its part provided: ‘A citizen of Latvia may not be extradited to a foreign country, except in the cases provided for in international agreements’.

Tags : EXTRADITION   EUROPEAN UNION   NATIONALITY   PROTECTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved