EIT: Vakavista rikoksista epäillyn luovuttamiselle USA:han ei ole estettä; todellista riskiä elinkautisvankeudelle ilman vapautumismahdollisuutta ei ilmennyt

30.6.2023 | Oikeusuutiset

Markku Fredman

Extradition to US for serious crimes would not breach accused’s rights

In Chamber judgment in the case of Bijan Balahan v. Sweden (application no. 9839/22) the European Court of Human Rights held, by 6 votes to 1, that there had been:

  • no violation of Article 3 (prohibition on inhuman and degrading treatment) of the European Convention on Human Rights.

The case concerned the authorities’ decision to extradite Mr Bijan Balahan from Sweden to the US. He is wanted in California on suspicion of aggravated mayhem, torture, inducing false testimony, dissuading a witness after a prior conviction, and grand theft, all allegedly committed in 2020. The Swedish Supreme Court had found that extraditing the applicant would not be contrary to the Convention.

The Court found in particular that Mr Bijan Balahan had failed to make out his arguments that he would risk either a de jure or a de facto life sentence without parole if extradited, or that the sentence he might receive would be grossly disproportionate. The Court held that he at most risked a life sentence with parole and that he had not shown that there was a real risk that he, as he alleged, would have to serve a minimum term of 61 years before being eligible for parole. It also noted the seriousness of the accusations against Mr Bijan Balahan in dismissing the argument that the sentence would be grossly disproportionate.

The Court also indicated to the Government under Rule 39 of the Rules of Court that it was desirable in the interests of the proper conduct of the proceedings not to extradite the applicant until such time as the present judgment became final or until further notice.

Press release


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