Published on ASIL (https://www.asil.org)

Home > European Court of Human Rights Rules on Cyber Crime Suspect’s Extradition to the US (July 24, 2014)

European Court of Human Rights Rules on Cyber Crime Suspect’s Extradition to the US (July 24, 2014) [1]

Blog Name: 
International Law in Brief [2]
Author: 
Caitlin Behles

On July 24, 2014, the European Court of Human Rights (the Court) ruled [3] in Čalovskis v. Latvia that a suspect indicted for cybercrime-related offenses would not be exposed to a real risk of ill-treatment if he was extradited to the U.S.  The Court held the applicant’s argument that “if extradited to the United States he would be subjected to torture and a disproportionate prison sentence” did not reach the threshold required to show a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights [4] (the Convention).  According to the press release [5], the Court also found “a violation of Article 3 of the Convention on account of Mr Čalovskis being placed in a metal cage during a court hearing; a violation of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court) as concerned the lack of judicial review of Mr Čalovskis’ pre-extradition detention; and . . . by four votes to three, that there had been a violation of Article 5 § 1 (right to liberty and security) as concerned the authorisation of Mr Čalovskis’ pre-extradition detention.”


Source URL: https://www.asil.org/blogs/european-court-human-rights-rules-cyber-crime-suspect%E2%80%99s-extradition-us-july-24-2014

Links
[1] https://www.asil.org/blogs/european-court-human-rights-rules-cyber-crime-suspect%E2%80%99s-extradition-us-july-24-2014
[2] https://www.asil.org/blog-name/international-law-brief
[3] http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-145791
[4] http://www.echr.coe.int/Documents/Convention_ENG.pdf
[5] http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=003-4832292-5894912