The Right to Liberty and Security enshrined in Article 5 of the ECHR as a Limitation on Extradition

Abstract

This paper examines the role of Article 5 of the European Convention on Human Rights as a limit to extradition procedures, focusing on the protection against arbitrary deprivation of liberty in the context of international judicial cooperation. The objective of the research is to analyse whether the risk of unlawful or disproportionate detention following extradition may constitute a ground for refusing surrender under European human rights standards. The study employs a doctrinal and jurisprudential methodology, based on the analysis of the case law of the European Court of Human Rights and the Court of Justice of the European Union, as well as relevant provisions of Romanian legislation on international judicial cooperation in criminal matters. The results indicate that Article 5 ECHR rarely operates as an autonomous ground for refusing extradition but may become decisive when detention results from a manifestly unfair trial or when previously executed custodial measures are not properly taken into account. The study concludes that although Article 5 plays mainly a subsidiary role compared to Articles 3 and 6 ECHR, it remains a relevant safeguard against excessive or arbitrary deprivation of liberty in extradition proceedings.