Extradition in 2026: Mutual Trust Between States and the Risk of Human Rights Violations

This study examines the legal framework governing extradition in 2026, focusing on the conflict between interstate mutual trust, the effectiveness of international criminal cooperation, and the obligation to prevent serious human rights violations. The report argues that mutual trust cannot serve as an independent legal justification for extradition. It may operate only as a rebuttable presumption and cannot replace an individualized assessment of whether transferring a specific person to a specific jurisdiction would create a real risk of torture, inhuman or degrading treatment, or a flagrant denial of justice. Drawing on international treaties, European Union law, the case law of the European Court of Human Rights and the Court of Justice of the European Union, as well as the practice of UN treaty bodies, the study analyses the principles of non-refoulement, conditions of detention, political persecution, fair-trial guarantees, diplomatic assurances, repeated extradition requests, and proceedings initiated after an earlier refusal. Particular attention is given to the role of INTERPOL and Red Notices within the extradition process, the responsibilities of requesting, executing, and transit States, the evidentiary requirements applicable to diplomatic assurances, and the prohibition of automatic reliance on foreign arrest warrants or interstate cooperation mechanisms. The study introduces the ARGA ETG-9 standard for assessing extradition requests, compares regional legal models, provides a practical protection algorithm, considers possible developments for 2026–2028, and formulates recommendations for States, courts, law-enforcement authorities, international organizations, and legal practitioners.