Extradition to China denied due to fair trial concerns and risk of life imprisonment or death penalty

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The Supremo Tribunal Federal refused an extradition request submitted by China against a Chinese national accused of unlawful collection of public deposits under Article 176 of the Chinese Criminal Code. Although the Court found that the requirements of double criminality, double punishability and the remaining conditions for extradition were satisfied, it denied extradition due to the concrete risk of life imprisonment or even the death penalty, in the absence of formal diplomatic assurances regarding commutation of such penalties. The STF further held that the requesting State had failed to demonstrate its ability to guarantee the extraditee’s right to due process of law and to a fair, impartial and independent trial. According to the Court, the inability of the requesting State to ensure the right to a fair trial constitutes, in itself, sufficient grounds for refusing extradition.

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