Editing Extradition (section)

== Human rights and extradition ==
Human rights as a bar to extradition can be invoked in relation to the treatment of the individual in the receiving country, including their trial and sentence as well as the effect on family of the individual if extradition is granted. The repressive nature and the limitations of freedoms imposed on an individual is part of the extradition process and is the reason for these exceptions and the importance that human rights are observed in the extradition process. Therefore, human rights protected by international and regional agreements may be the basis for denying extradition requests, but only as independent exceptions.<ref name="Radu" /> While human rights concerns can add to the complexity of extradition cases it is positive as it adds to the legitimacy and institutionalisation of the extradition system.<ref>Neil Boister, ''An Introduction to Transnational Criminal Law''(OUP, 2012) at 287</ref>

Determining whether to allow extradition by the requested state is, among other considerations, a balancing exercise between the interests of the requesting state's pursuit of justice over the accused individuals, the requested state's interests in holding dominion over those presently in its territory, and the rights of the extraditable persons.<ref>{{cite AustLII|HCA|35|1995|litigants=Director of Public Prosecutions (Cth) and the Republic of Austria v Kainhofer |parallelcite=(1995) 185 [[Commonwealth Law Reports|CLR]] 528 at [48] per Gummow J |courtname=auto}}.</ref> Extradition raises human rights concerns in determining this balance in relation to the extraditable person. States make provision to recognise these rights both expressing in bilateral treaty agreements and also, potentially by way of state's obligations under the [[Universal Declaration of Human Rights]], of which the [[International Covenant on Civil and Political Rights]] is particularly relevant to extradition.<ref name="Johnston" /> Although regional, the [[European Convention of Human Rights]] has also been invoked as a bar to extradition in a number of cases falling within its jurisdiction and decisions from the [[European Court of Human Rights]] have been a useful source of development in this area.