ECHR: Extradition to a State where the person concerned incurs a real risk of death penalty

Saidani v. Germany — 17675/18

Decision on inadmissibility (manifestly ill-founded) — 27.09.2018  

• Article 2 of the Convention (right to life) and Article 1 of Protocol No. 13 (abolition of the death penalty)

There was a real risk that the death penalty would be inflicted to the person concerned in Tunisia, but the death penalty is de facto commuted to life imprisonment by means of a presidential pardon.

The Court took into account the Tunisian moratorium on the execution of capital punishment of 1991 and diplomatic assurances given by Tunisia.

• Article 3 (prohibition of torture and inhuman or degrading treatment)

The person concerned can benefit from a conditional release, governed by the rules of pardon and the Tunisian Code of Criminal Procedure.