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The point of an extradition treaty is surely that lawmakers have concluded the two systems participating are reasonably close to allow for extradition in the fi
by stefan_ 6y ago
The point of an extradition treaty is surely that lawmakers have concluded the two systems participating are reasonably close to allow for extradition in the first place. It is then not the place of a judge to decide otherwise.
There are exemptions such as no extradition when the conduct isn't illegal in the extraditing country, but as you mention: if you consider solitary confinement torture, there is no reason to approve of any extradition to the US anymore.
- rsynnott 6y agoThe US will sometimes promise to not use solitary confinement (or various other forms of inhumane treatment/torture) to secure extradition, and some countries will sometime accept that.
- gsnedders 6y agoLikewise capital punishment.
- ClumsyPilot 6y ago'It is then not the place of a judge to decide otherwise' It is precisely role of the Judge to uphold the law and rights, they take precedence over any agreements
- Talanes 6y agoIt's not the place of the judge to consider the treaty one way or another. Judges judge based on the actual laws put in place in their court. If the current state really isn't what the lawmakers had intended with their treaties, then they need to update the domestic laws that go along with them.