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Kindler v. Canada
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Capital offences — Offence carrying death penalty in requesting State but not in requested State — Right of requested State to seek assurance that death penalty will not be imposed — Canada-United States Extradition Treaty, 1976, Article 6 — Decision by Canada to extradite fugitive without seeking assurances that death penalty would not be imposed — Whether contrary to International Covenant on Civil and Political Rights, 1966
Human rights — Right to life — Inhuman and degrading treatment or punishment — Death penalty — Whether contrary to Article 6, International Covenant on Civil and Political Rights, 1966 — Article 6(2) — Application to State which has abolished death penalty — Article 7 — Whether execution by lethal injection constituting inhuman or degrading treatment or punishment
Human rights — Scope of human rights treaty — International Covenant on Civil and Political Rights, 1966 — Extradition proceedings — Whether State responsible under Covenant if it extradites fugitive for treatment of fugitive in requesting State — Threat of death sentence in requesting State — Requesting State not party to the Covenant — Whether extraditing State required to seek assurances that defendant will not be executed
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- © Cambridge University Press 1994