The European Court of Human Rights (ECtHR) has issued its Chamber judgment in the case of Trabelsi v. Belgium, holding that states party to the European Convention on Human Rights cannot extradite individuals to states where they would face an irreducible life sentence. The Court unanimously found a violation of article 3 (prohibition of inhuman or degrading treatment) and article 34 (right of individual application) and awarded damages and costs to the applicant.
Mr Trabelsi is a Tunisian national, who was held in Belgium and due to be extradited to the US on charges of terrorist offences. He claimed that if he were extradited, he would be potentially exposed to treatment incompatible with article 3. The Court reiterated that the imposition of a life sentence is not incompatible with article 3 of the Convention, so long as it is not disproportionate. US law provides for no adequate mechanism for reviewing this type of sentence. The Court assessed the “prospect of release” and “possibility for review” of the potential sentence with a view to commutation, reduction or release of the prisoner, under national law. The US laws and policies were found to be contrary to the Court’s interpretation of article 3. State parties to the Convention are obliged not to remove an individual to a place where there is a real risk of being subjected to ill-treatment under article 3. For the Belgian State to extradite Mr Trabelsi to the US would constitute a violation of its article 3 obligations.
Additionally, the Strasbourg court had previously indicated that Belgium should undertake an interim measure under Rule 39 of the Rules of the Court to suspend the extradition of Mr Trabelsi while awaiting the full ruling of the Court. Despite this, the Belgian authorities effected the extradition, thus interfering with his right of individual application. Additionally, the Court held that this extradition had irreversibly lowered the level of protection of the article 3 rights.
Click here to download the judgment of Trabelsi v. Belgium(application no. 140/10)
Click here to read the ECHR factsheet on terrorism.