Information Note on the Court’s case-law 26

January 2001

Yang Chun Jin alias Yang Xiaolin v. Hungary (dec.) - 58073/00

Decision 11.1.2001 [Section II]

Article 3

Extradition

Extradition to China, with the risk of imprisonment: admissible

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Extradition to China, with the risk of a summary trial: admissible

Article 1 of Protocol No. 6

Abolition of the death penal ty

Extradition to China, with risk of death penalty: admissible

The applicant, a Chinese national, is detained pending extradition to China following a request of the Interpol Beijing Office and the Chinese Ministry of Justice. The applicant is suspected of involvement in robbery, stabbing and shooting of a person in C hina, for which two others were sentenced to death and executed. In view of the elements contained in the investigation and extradition documents, the Regional Court which ordered his detention considered that his offence constituted “bodily assault causin g disabling injuries” which under both Chinese and Hungarian law is punishable by imprisonment. The Hungarian Ministry of Justice obtained the formal assurance of the Chinese authorities that the applicant would not be sentenced to death, and in the event he would be that the sentence would not be carried out. The applicant claims that in China he would be summarily judged and sentenced to imprisonment. In view of the conditions of detention in Chinese prisons, he asserts that the conditions of his detentio n would be inhuman.

Admissible under Articles 3, 6 and 1 of Protocol No. 6.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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