Any case involving the death penalty in the United States and European human rights is likely to pique the interest of legal observers. The death penalty – still an accepted part of the criminal justice system in the United States – is considered to be a violation of human rights in Europe. In Soering v UK, the European Court of Human Rights famously held that the extradition of the applicant from the UK to the US would result in a breach of Article 3. The Court held that

having regard to the very long period of time spent on death row in such extreme conditions, with the ever present and mounting anguish of awaiting execution of the death penalty, and to the personal circumstances of the applicant, especially his age and mental state at the time of the offence, the applicant’s extradition to the United States would expose him to a real risk of [inhuman and degrading treatment].

The case of Zagorski & Baze, argued before the High Court in London last week and decided on Tuesday once more draws together US capital punishment, UK law and European human rights standards. Continue reading “Zagorski: US Executions, UK Law and European Human Rights” →