Al-Moayad v. Germany

Abstract

Extradition — Extradition Treaty between Federal Republic of Germany and United States, 1978 — Applicant extradited from Germany to United States — Applicant detained in United States — United States assurance to German authorities that applicant would not be detained in facility outside United States — Whether binding — Whether applicant’s extradition violating Articles 3, 5(1), 6(1) and 34 of European Convention on Human Rights, 1950 — Whether applicant’s application admissible

Human rights — Prohibition of torture — Absolute right — Article 3 of European Convention on Human Rights, 1950 — Whether substantial grounds for believing applicant facing real risk of treatment contrary to Article 3 if extradited to United States — Assurance obtained from United States by German authorities — Effectiveness of assurance to avert risk of applicant being ill-treated

Human rights — Right to liberty and security of person — Article 5 of European Convention on Human Rights, 1950 — Whether applicant’s detention pending extradition unlawful — Whether compatible with German law — Whether arrest and detention of applicant in Germany giving rise to problem under Article 5

Human rights — Right to a fair trial — Article 6 of European Convention on Human Rights, 1950 — Applicability to applicant’s complaint of unfair trial in German courts — Whether applicant at risk of suffering flagrant denial of fair trial in United States — Assurance — Terms of 1978 Extradition Treaty — Importance of right to fair trial in criminal proceedings in democratic society

Human rights — Right not to be hindered in exercise of right of application — Article 34 of European Convention on Human Rights, 1950 — Whether German authorities breaching Article 34 — Request for interim measure — Court Rule 39

Terrorism — Applicant suspected terrorist — Reports of ill-treatment of suspected terrorists during interrogation in facilities outside United States — Whether applicant at risk of treatment contrary to Article 3 of European Convention on Human Rights, 1950 if extradited to United States — German authorities obtaining assurance from United States that applicant would not be detained in facility outside United States — Effectiveness of assurance — Human rights in democratic society in context of international terrorism