Iran

The Brazilian Supreme Court rejected Iran’s request for the extradition of a national accused of a non-violent offence, giving decisive weight to the best interests of his wholly dependent minor daughter, who was born in Brazil and is a Brazilian citizen. The Court found that Iran had repeatedly failed to provide concrete information on how the child’s safety, welfare, subsistence and family unity would be protected under Iranian law if both parents were extradited. It also held that the requesting State had not formally assumed all mandatory commitments required by Article 96 of the Brazilian Migration Law, including crediting the time spent in pre-extradition detention in Brazil. The ongoing armed conflict further increased the humanitarian risk to the child if she were indirectly compelled to accompany her parents to Iran.