By Pooya Stone
Although Iranian authorities provided assurances that he would not be tortured, the European Court of Human Rights has held that the extradition of a man accused of theft to Iran would breach Article 3 of the human rights convention.
The Strasbourg court provides guidance on the kind of assurances required from the state requesting extradition in GS v Bulgaria (application no. 36538/17). It will not allow extradition unless the assurance is both specific and trustworthy. In this case, GS was wanted for theft, but if he was convicted, he was at risk of receiving corporal punishment — seventy-four lashes. The Strasbourg court would not allow extradition, because it labeled this manner of treatment as torture. In accordance with past case law, it found that the possibility of acquittal or the imposition of a different sentence was not sufficient to dispel the real risk of torture.