European court ruling could halt most extraditions to China from the continent

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European court ruling could halt most extraditions to China from the continent
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Ruling could have sweeping ramifications for how 46 countries handle extraditions to China

, a European NGO that is trying to draw attention to the verdict. “This is going to cause a major headache for China.”

Mr. Liu appealed to the European Court of Human Rights in Strasbourg, France, and last month – Oct. 6 – judges barred the extradition on the grounds that it would be in violation of Article 3 of the European Convention on Human Rights , which prohibits torture and “inhuman or degrading treatment or punishment.”

When extraditions to China have been blocked in the past, it is usually because the defendant has been able to show they would be at risk of abuse because of their political or religious beliefs. Liu v. Poland basically says anyone facing detention in China, for any reason, is at risk of treatment that violates Article 3.

Eva Pils, a professor of law at King’s College London who has appeared as an expert witness in other extradition cases, said she and other advocates “have been hoping for a decision of this kind for a long time.” Mr. Dahlin said one reason Safeguard Defenders is highlighting the case is to make it more difficult for countries and courts bound by it to ignore the Strasbourg ruling.

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