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1 case foundExtradition barred if requesting State lacks independent Courts and judicial review of detention
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Summary
The proceedings concerned a request by Belarus for the extradition of a person sought for prosecution, after the appellate court had overturned a first-instance finding that surrender was legally inadmissible. The Supreme Court held that extradition could not be permitted where the requesting State lacked courts meeting the requirements of independence and impartiality and where pre-trial detention imposed by a non-judicial authority was not subject to timely judicial review. It further relied on the broader, documented deterioration of the rule of law and human-rights protection in Belarus. The appellate decision was quashed and the extradition proceedings were discontinued because the mandatory human-rights bar to extradition was established.
30/05/2023 · Supreme Court of Poland · III KK 265/21
🇵🇱Poland → 🇧🇾Belarus
GrantedExtradition