Hostname: page-component-7bb8b95d7b-cx56b Total loading time: 0 Render date: 2024-09-24T01:42:13.479Z Has data issue: false hasContentIssue false

Conflict of International Treaty Obligations Case

Czech Republic.  15 April 2003 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Extradition — Treaties — Limits on extradition — Extradition Treaty between Czech Republic and Republic of Moldova — European Convention on Extradition, 1957 — Czech Republic seeking to extradite Moldovan complainant to Moldova — Whether substantial grounds for believing complainant at risk of torture if extradited — Whether extradition would violate Article 3 of European Convention on Human Rights, 1950

Human rights — Prohibition of torture — Whether complainant at risk of torture if extradited to Moldova — Human rights treaties — European Convention on Human Rights, 1950, Article 3 — Case law of European Court of Human Rights — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — Whether obligations under human rights treaties having priority over obligations under extradition treaties

Treaties — Human rights treaties — Extradition treaties — Obligations under treaties — European Convention on Human Rights, 1950, Article 3 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — International Covenant on Civil and Political Rights, 1966 — Charter of Fundamental Rights and Freedoms of the Czech Republic, 1992, Article 7(2) — European Convention on Extradition, 1957 — Extradition Treaty between Czech Republic and Moldova — Whether obligations under human rights treaties or obligations under extradition treaties having priority in event of conflict

Relationship of international law and municipal law — Treaties — Human rights treaties — European Convention on Human Rights, 1950, Article 3 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — International Covenant on Civil and Political Rights, 1966 — Charter of Fundamental Rights and Freedoms of the Czech Republic, 1992, Article 7(2) — Extradition treaties — European Convention on Extradition, 1957 — Extradition Treaty between Czech Republic and Moldova — Obligations under human rights treaties — Obligations under extradition treaties — Priority of obligations in event of conflict — Article 1(1) of Constitution of Czech Republic — Governance of State by rule of law — Amendment to Constitution — Whether altering status of human rights agreements as special group of norms — The law of the Czech Republic

Type
Case Report
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)