- 42 when there are substantial grounds for believing that he would be in danger of being subjected to
torture.186
133. Meanwhile, the European Court has established repeatedly that the expulsion or extradition
of a person under the jurisdiction of a State Party may engage its international responsibility
“where substantial grounds have been shown for believing that the person in question, if expelled,
would face a real risk of being subject to treatment contrary to” the prohibition of torture or other
forms of cruel, inhuman or degrading treatment.187 Also, with regard to the death penalty, this
Court has indicated that Article 2 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms which recognizes the right to life, and Article 1 of its Protocol No. 13
concerning the abolition of the death penalty in any circumstance, prohibit the extradition or
deportation of an individual to another State when substantial grounds exist for believing that he
could be subjected to the death penalty.188
134. Taking into account all the preceding considerations and based on the facts of this case, the
Court establishes that, pursuant to the obligation to ensure the right to life, States that have
abolished the death penalty may not expose an individual under their jurisdiction to the real and
foreseeable risk of its application and, therefore, may not expel, by deportation or extradition,
persons under their jurisdiction, if it can be reasonably anticipated that they may be sentenced to
death, without requiring guarantees that the death sentence would not be carried out.
Furthermore, the States Parties to the Convention that have not abolished the death penalty may
not jeopardize, by deportation or extradition, the life of any person under their jurisdiction who
runs a real and foreseeable risk of being sentenced to death, unless this is for the most serious
crimes for which the death penalty is currently imposed in the requested State Party.
Consequently, States that have not abolished the death penalty may not expel anyone under their
jurisdiction, by deportation or extradition, who may face the real and foreseeable risk of the
application of the death penalty for offenses that are not punished with the same sanction within
their jurisdiction, without requiring the necessary and sufficient assurances that this punishment
will not be applied.
135. In addition, the obligation to ensure the right to personal integrity, together with the principle
of non-refoulement recognized in Article 13(4) of the ICPPT, imposes on States the obligation not
to expel, by extradition, any individual under their jurisdiction when there are substantial grounds
for believing that he will face a real, foreseeable and personal risk of suffering treatment contrary
to the prohibition of torture or cruel, inhuman or degrading treatment.
136. The Court takes note that, during the domestic extradition process, the representative also
alleged that certain characteristics of the judicial proceedings in China would constitute violations
of due process. In this regard, the States Parties to the Convention also have the obligation to
186
The application of Article 3 of the Convention against Torture is restricted to cases in which there are well-founded
reasons to believe that the author would be in danger of being subjected to torture as defined in Article 1 of the Convention. Cf.
UN, Committee against Torture. General Comment No. 1: Implementation of Article 3 of the Convention in the Context of
Article 22, U.N. Doc. CAT, A/53/44, November 21, 1997, para. 1.
187
Cf. ECHR, Case of Shamayev and Others v. Georgia and Russia, No. 36378/02. Judgment of April 12, 2005, para. 335,
citing: Case of Chahal v. The United Kingdom [GS], No. 22414/93. Judgment of November 15, 1996, paras. 73 and 74; Case of
Soering v. The United Kingdom, No. 14038/88. Judgment of July 7, 1989, paras. 34 to 36, and Case of Cruz Varas and Others
v. Sweden, No. 15576/89. Judgment of March 20, 1991, paras. 69 and 70. Similarly, see inter alia, Case of Saadi v. Italy [GS],
No. 37201/06. Judgment of February 28, 2008, para. 125; Case of Nizomkhon Dzhurayev v. Russia, No. 31890/11, Judgment
of October 3, 2013, para. 105, and Case of Othman (Abu Qatada) v. The United Kingdom, No. 8139/09. Judgment of January
17, 2012, para. 185.
188
Cf. ECHR, Case of Al-Saadoon and Mufdhi v. The United Kingdom, No.61498/08. Judgment of March 2, 2010, para. 123;
Case of Hakizimana v. Sweden, No. 37913/05, Decision of March 27, 2008, and Case of Kaboulov v. Ukraine, No. 41015/04.
Judgment of November 19, 2009, para. 99.