{"title":"Extradition and Whole Life Sentences","authors":"Dirk van Zyl Smit, Christopher Seeds","doi":"10.1007/s10609-023-09476-6","DOIUrl":null,"url":null,"abstract":"<p>Sentences of life imprisonment without a prospect of adequate review and release are prohibited in States party to the European Convention on Human Rights. Should the same principle apply when extradition is sought to States not party to the Convention? In <i>Sanchez Sanchez v United Kingdom</i> (2022), the Grand Chamber of the European Court of Human Rights applied a less strict standard for potential extraditees facing life without parole. We analyse this decision and its repercussions in light of the history of international cooperation in extreme punishment cases between Europe and the USA and recent interpretations of the new standard. The article concludes with an assessment of the level of proof litigants must present to satisfy the <i>Sanchez Sanchez</i> test and of how the law could continue to prevent inhuman and degrading treatment of extraditees facing life sentences.</p>","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Criminal Law Forum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10609-023-09476-6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
Sentences of life imprisonment without a prospect of adequate review and release are prohibited in States party to the European Convention on Human Rights. Should the same principle apply when extradition is sought to States not party to the Convention? In Sanchez Sanchez v United Kingdom (2022), the Grand Chamber of the European Court of Human Rights applied a less strict standard for potential extraditees facing life without parole. We analyse this decision and its repercussions in light of the history of international cooperation in extreme punishment cases between Europe and the USA and recent interpretations of the new standard. The article concludes with an assessment of the level of proof litigants must present to satisfy the Sanchez Sanchez test and of how the law could continue to prevent inhuman and degrading treatment of extraditees facing life sentences.
期刊介绍：
Criminal Law Forum is a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world. Under the direction of an international editorial board, Criminal Law Forum serves the global community of criminal law scholars and practitioners through the publication of original contributions and the dissemination of noteworthy public documents. Criminal Law Forum is published pursuant to an agreement with the Society for the Reform of Criminal Law, based in Vancouver, British Columbia.
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