European Court of Human Rights
ECHR Case Law on Extradition & EAW
The most relevant judgments and decisions of the European Court of Human Rights on extradition, European Arrest Warrants, and international surrender proceedings — organised by article and country.
46
Member States of the Council of Europe
Art. 3
Most invoked article in extradition cases
1959
Year the Court was established
Key ECHR Provisions in Extradition & EAW Proceedings
Article 3
Prohibition of Torture
Bars extradition where there is a real risk of torture, inhuman or degrading treatment in the requesting State. The leading case is Soering v. United Kingdom (1989).
Article 5
Right to Liberty
Governs the lawfulness of pre-extradition detention, including provisional arrest and the 40-day time limit under the EAW Framework Decision.
Article 6
Right to a Fair Trial
Applies where extradition would expose the person to a flagrant denial of justice in the requesting State. Key case: Othman (Abu Qatada) v. UK (2012).
Article 8
Right to Private and Family Life
Relevant where extradition or surrender would disproportionately interfere with established family ties, particularly in EAW cases involving long-term residents.
Case Law Database — Coming Soon
We are currently building a curated selection of the most relevant ECHR judgments on extradition and EAW. Check back soon or contact us to contribute.
🔄 In progress