Zaštita prava lica u ekstradicijskim postupcima s posebnim osvrtom na primjenu načela Non-refoulement (u slučaju postojanja rizika od povrede člana 3 Evropske konvencije za zaštitu ljudskih prava i osnovnih sloboda)
Protection of Rights of People in Extradition Procedures With Special Overview on Implementation of Principle Non-refoulement (In Case of Risk of Violation of Article 3 of European Convention on Protection of Human Rights and Fundamental Freedoms)

Author(s): Vladimir M. Simović, Anita Kunić
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Extradition;Confinement;Deportation;Protection of rights;Non-refoulement;
Summary/Abstract: Convention extradition procedures, as legal actions between interested states, are political relations with legal purpose and include responsibility of respect of all international regulations on human rights incorporated in domestic legal order. In that sense, binding legal source is also practice of the European Court of Human Rights that contains numerous relevant decisions in the field of extradition and refugee law that often intertwine in the procedures of this field. In extradition procedures accused or convicted persons often refer to non-refoulement principle, pointing out that there is a risk of violating Article 3 of the European Convention for Protection of Human Rights and Fundamental Freedoms (prohibition of torture). On the other hand, European Court for Human Rights has set high criteria in gaining the right not to be extradited in order to avoid being a “safe harbor” for perpetrators of criminal act and with that efficient prevention of crime with international element.

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