Monday, July 22, 2013
From Sentencing Law and Policy, a guest post by John Quigley (Ohio State Law). In part:
For the United States, the significance of the case is that the European Court of Human Rights has previously ruled that an extradition request must be denied if the individual would be subjected in the requesting state to treatment or punishment that would violate Article 3 if carried out by a state party to the European Convention on Human Rights. A few years ago, a man named Ralston Wellington was wanted in Missouri on a murder charge. He had gone to the UK, and US authorities requested his extradition. He argued that he might be subjected to life without parole in Missouri and fought extradition on that basis, invoking Article 3. Wellington was extradited in 2010, but only after the matter went up to the House of Lords, then the highest rung in the UK judicial ladder, where sentencing procedures in Missouri were analyzed in detail.
After the Vinter judgment, a person in Wellington’s situation would stand a better chance of avoiding extradition.