Extradition to the United States of a person convicted for cybercrime. Risk of ill-treatment. Right to liberty and security. Procedural guarantees before extradition.
Art. 3 ECHR
Art. 5 ECHR
1. There are no grounds to believe that the applicant will be subjected to inhuman or degrading treatments once extradited to the United States. As a matter of fact, he will not be detained in a so-called supermax prison nor subjected to special administrative procedures (similar to those that are applied e.g. to suspected terrorists). Therefore, the extradition of the applicant to the United States does not violate art. 3 ECHR.
2. The applicant had no procedure at his disposal to have the lawfulness of his detention before extradition reviewed by a court. In fact, the only chance for him to challenge his detention was to apply to the Prosecutor. However, the Prosecutor cannot be considered as a court. Consequently, there has been a violation of art. 5, para. 4 ECHR.
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