- Home /
- About /
- FAQs / Why does ECHR stop us extraditing criminals?
Why does ECHR stop us extraditing criminals?
First and foremost, it's important to realise that the European Court of Human Rights is not an EU institution, but is part of the Council of Europe. There are certain conditions which have to be adhered to when extraditing criminals. If there is risk of ill treatment another state it is not possible to send the individual to that state as it is difficult to claim that public interest reasons for deporting or extraditing individual outweigh the risk of ill-treatment on the individual’s return, regardless of the offence or conduct.