INTERNATIONAL HUMAN RIGHTS LAW

CASE SCENARIO
INTERNATIONAL HUMAN RIGHTS LAW
The applicant, Mr Henezi, an Iraqi national, lives in the United States since the age of 11. He
decided to kill his parents in order to inherit them. He was later arrested while he was
travelling in the United Kingdom, but the United States requested extradition in order to trial
him for the murders.
The applicant filed a petition for judicial review of the decision to commit him, arguing that
extradition was not authorised for a capital charge. He cited article IV of the United
States-United Kingdom extradition treaty, which provides that an extradition request for an
offence carrying the death penalty can be refused if the requesting country has not given
“assurances […] that the death penalty will not be carried out.” The applicant was not
successful, even when he appealed to the Supreme Court of the UK. His extradition was
awarded.
Anticipating this outcome, the applicant filed a claim with the European Court of Human
Rights.
DEBATE
Please present arguments defending the applicant, as well as present arguments
representing the State. Maximum length of the assignment: 3 pages.
QUESTIONS TO ASSESS
Against which State should the applicant submit his application?
What are the arguments to sustain the admissibility of the complaint (in favour or against)?
What are the articles of the European Convention on Human Rights which could be
considered violated?
Consider the following issues:
Whether the European Convention on Human Rights prohibits death penalty.
Whether right to life is the only right affected by the facts.
.