Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights

Abstract

The decision of the Human Rights Committee in Kindler vs. Canada¹ marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada² and Cox vs. Canada.³ The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.