ILEA Criminal Law Practice Exam – Complete Prep Resource

One significant legal challenge often faced in extradition processes is concerns over the treatment of the fugitive upon extradition. This challenge arises from international human rights standards that dictate that individuals should not be extradited to countries where they may face torture, inhumane treatment, or unfair trial procedures. The principle of non-refoulement emphasizes that a country should not return an individual to another country if there are substantial grounds for believing that they would be in danger of being subjected to inhumane conditions.

This concern requires a thorough examination of the judicial and prison systems in the requesting country to ensure that the rights of the fugitive will be respected and upheld. Such considerations may delay or prevent extradition if there are reasonable fears regarding the treatment the individual might receive, thereby highlighting the interplay between extradition law and human rights law.

The other aspects, such as evidence availability, potential acquittal, or treaty complexity, do impact the extradition process but do not consistently raise the same level of human rights concerns that would invoke scrutiny regarding the treatment of the affected individuals.