Tag: Ukraine

Diplomatic assurances consent extradition to Ukraine: despite the ongoing war conflict, it has been assured that international human rights treaties are fully respected in the territories of Ukraine.

War in Ukraine does not ban extradition, since war is a general situation existing in the extradition requesting state not affecting the defendant because of the guarantees that the judicial authority of that requesting state has provided regarding the individualizing detention treatment that will be assured to the extradite in a penal institution that is currently located in an area not directly affected by the war events.

As a result of the outbreak of the Russian-Ukrainian conflict, it is reasonable to assume that the problem of prison overcrowding reported in a pilot judgment as early as 2020…

Extradition to Ukraine for common crime is prevented by detention conditions and the impossibility - due to the war - of a fair trial.

In an extradition proceeding to Ukraine, there are serious and proven grounds for believing that who is surrendered to Ukraine would be exposed to a real risk of flagrant denial of justice under the provisions relating to pre-trial detention resulting from the martial law in force and the situation of armed conflict prevailing in Ukraine, such as to profoundly disorganize the judicial system and prevent the progress of the proceedings.