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Saidani v. Germany, dec., No. 17675/18, ECtHR (Fifth Section Committee), 4 September 2018


Extradition of a person who was a threat to national security. Links with terrorist groups. Risk of inhuman or degrading treatment and/or death penalty. Inadmissibility. 

Normative references

Art. 2 ECHR
Art. 3 ECHR
Art. 1 Prot. No. 13 ECHR


The applicant, deemed a threat to national security, was to be extradited from Germany to Tunisia. Although it was ascertained that, in the country of destination, there is a real risk that he would suffer inhuman treatment and death penalty, it was also clear that his death sentence would be commuted to a life sentence. Therefore, there is no reason to allege a violation of arts. 2 and 3 ECHR and 1 Prot. No. 1 ECHR. Moreover, the applicant's life sentence is reducible, therefore there is a realistic prospect for him to be released after serving a certain amount of time in prison. The application was thus declared inadmissible.