国际人权法对引渡原则的影响

Impact of International Human Rights Law on the Principles of Extradition

国际人权法在各国国内的实施,促进了保障人权的国际标准在世界范围被广泛接受,并推动了国际法的人本化过程。国际人权法通过被纳入引渡条约和国内法并适用于引渡案件中,对引渡的制度与实践产生了结构性影响。这不仅强化了罪行特定原则、双重犯罪原则与禁止双重危险原则等原有引渡原则对人权的尊重和保障,而且还直接产生了以保障被引渡人的人权为导向的引渡原则——禁止歧视原则和酷刑不引渡原则。国际人权法对引渡原则的影响在兼顾国家引渡利益的同时,强调了国家对人权保障义务的履行,改变了现代引渡制度的整体风貌。

With the acceptance of international human rights law by all countries,the international community have gradually formed a broad consensus on the international standards to safeguard human rights.This has promoted the humanization of international law and exerted a far-reaching influence on the traditional branches of international law,fundamental issues and State practices.The implementation of international human rights law has likewise changed the traditional extradition system and practices,and reshaped the principles of extradition.International human rights law,through its incorporation into extradition treaties,domestic extradition law and its application in extradition cases,has transformed the conditions and results of extradition,partially limiting the State's interest in extradition and changing the fate and situation of the extradited.The application of international human rights law in extradition has not only given the existing principles of extradition a richer human rights connotation,but also shaped the new principles of extradition oriented towards human rights protection,thus strengthening the respect and guarantee of human rights in the international extradition order.To be specific,the original principles of extradition such as the principle of speciality,the principle of double criminality and the principle of prohibition against double jeopardy were initially established with a view to respecting the sovereignty and jurisdiction of the States involved in the extradition process while emphasizing mutual trust,reciprocal cooperation and the national interests of the States in order to ensure that extradition was carried out smoothly.However,the implementation of international human rights law has highlighted the significance of the principle of legality,the prevention of the abuse of punishment and the limitation of judicial power,which has not only led to the reform of the domestic systems of the countries,thus creating a better environment for the rule of law for implementing and realizing these principles,but also provided the standards for the international human rights obligations,thus enriching and reinforcing the values and ideas of the above principles in terms of human rights guarantee such as the right to a fair trial,personal freedom and security of the extradited.In addition,the implementation of international human rights law has resulted in the formation of new extradition principles such as the principle of non-discrimination and the principle of non-refoulement.The former is designed to prohibit extradition where the requesting State uses the punishment of ordinary crimes as a justification for extradition,but in fact discriminates against and persecutes the person concerned on the grounds of religion,sex,race,etc.It embodies the principle of equal protection of human rights.The latter,rooted in the basic respect for human dignity and value,is the recognition of and adherence to the absolute nature of the obligation to prohibit torture.In practice,the extraditing State shall not carry out extradition unless the requesting State provides reliable diplomatic assurances that the extradited will be free from torture.In conclusion,the application of international human rights law in extradition has strengthened the value of respecting and safeguarding human rights in the principles of extradition,emphasizing the State's fulfillment of the obligation to safeguard human rights while taking into account the State's interests in extradition,thus bettering the modern extradition system.