Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-25T16:23:51.620Z Has data issue: false hasContentIssue false

Al-Moayad v. Germany

European Court of Human Rights.  20 February 2007 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Extradition — Extradition Treaty between Federal Republic of Germany and United States, 1978 — Applicant extradited from Germany to United States — Applicant detained in United States — United States assurance to German authorities that applicant would not be detained in facility outside United States — Whether binding — Whether applicant’s extradition violating Articles 3, 5(1), 6(1) and 34 of European Convention on Human Rights, 1950 — Whether applicant’s application admissible

Human rights — Prohibition of torture — Absolute right — Article 3 of European Convention on Human Rights, 1950 — Whether substantial grounds for believing applicant facing real risk of treatment contrary to Article 3 if extradited to United States — Assurance obtained from United States by German authorities — Effectiveness of assurance to avert risk of applicant being ill-treated

Human rights — Right to liberty and security of person — Article 5 of European Convention on Human Rights, 1950 — Whether applicant’s detention pending extradition unlawful — Whether compatible with German law — Whether arrest and detention of applicant in Germany giving rise to problem under Article 5

Human rights — Right to a fair trial — Article 6 of European Convention on Human Rights, 1950 — Applicability to applicant’s complaint of unfair trial in German courts — Whether applicant at risk of suffering flagrant denial of fair trial in United States — Assurance — Terms of 1978 Extradition Treaty — Importance of right to fair trial in criminal proceedings in democratic society

Human rights — Right not to be hindered in exercise of right of application — Article 34 of European Convention on Human Rights, 1950 — Whether German authorities breaching Article 34 — Request for interim measure — Court Rule 39

Terrorism — Applicant suspected terrorist — Reports of ill-treatment of suspected terrorists during interrogation in facilities outside United States — Whether applicant at risk of treatment contrary to Article 3 of European Convention on Human Rights, 1950 if extradited to United States — German authorities obtaining assurance from United States that applicant would not be detained in facility outside United States — Effectiveness of assurance — Human rights in democratic society in context of international terrorism

Type
Case Report
Copyright
© Cambridge University Press 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)