A Game Changer for the Extradition

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Liu v. Poland: Agendas of Autocracies (like China)?
Written by Vivianne Yen-Ching Weng and Yu-Jie Chen

The case of Mr. Hung Tao LIU, one of the many Taiwanese suspects arrested in Europe for cross-border telecom fraud, has once again put Chinese human rights conditions under the international spotlight.

By a judgment issued on 6 October 2022, Liu v. Poland, no. 37610/18, the First Section of the European Court of Human Rights (ECtHR) established—for the very first time—a general standard for national tribunals to evaluate future extradition requests from the People’s Republic of China (China) in applying the non-refoulement principle, i.e., whether there are b2b email list substantial grounds for believing that the returned individual(s) would be at “real risk” of ill-treatment prohibited by Art. 3 of the European Convention on Human Rights (ECHR). The Court decided in Liu’s favor, finding that his extradition to China would constitute a violation of Art. 3 of ECHR. Additionally, the Court determined that Liu’s detention in Poland pending extradition was unnecessarily lengthy and therefore arbitrary. For the violation of Art. 5(1), Poland must compensate Liu for his non-pecuniary damage.