§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Whether they consider that the judicial and administrative authorities of the United Kingdom will be entitled to refuse to sanction the extradition of individuals to the United States, under the new United States-United Kingdom Extradition Treaty, in the event that extradition would be incompatible with United Kingdom constitutional principles or with the rights protected by the European Convention on Human Rights, or the common law; and [HL3845]
Whether they will ensure that no-one is extradited from the United Kingdom to the United States, or any place over which the United States exercises effective control, under the new bilateral and European Extradition Treaties with the United States, to face a trial before a special military commission or other court or tribunal that does not comply with the requirements of fairness contained in the European Convention on Human Rights and the International Covenant on Civil Political Rights. [HL3858]
§ Baroness Scotland of Asthal
Extradition to the United States will in future be governed by Part 2 of the Extradition Bill, if it is enacted.
The Extradition Bill sets out clearly the circumstances in which extradition cannot take place. One of the bars to extradition—contained in Clause 86 of the Bill—provides that extradition cannot take place where it would be incompatible with the ECHR rights of the person.