EM. KIRKWOOD v the UNITED KINGDOM 10479/83

Article 1 of the Convention : The undertaking given by High Contracting Parties in respect of everyone within their jurisdiction extends, in the Article 3 sphere, to a duty not to expose anyone to an irremediable situation of objective danger, even outside their jurisdiction.

Articles 2 and 3 of the Convention : Because Article 2 authorises capital punishment, pursuant to the law and a court sentence, this may create a long period of incertitude for the convicted person during the appeal proceedings in an elaborate judicial system. However, it cannot be held that this long period of uncertainty (the"death row phenomenon") falls outside the notion of inhuman treatment (Article 3).

The terms of Article 2 do not support the contention that if a State were to fail to require binding assurances from the Stale requesting extradition that the death penalty would not be inflicted, this would constitute treatment- contrary to Article 3.

Article 3 of the Convention ; Factors to be considered in assessing whether the long period of uncertainty experienced by the person condemned to death, during the appeal procedures (the "death row phenomenon") amounts to inhuman treatment: the importance of the appeal system designed to protect the right to life, delays caused by the backlog of cases before the appeal courts, the possibility of a commutation of sentence by very reason of the duration of detention on "death row".

Article 6 of the Convention : This provision does not apply to a court's examination of an extradition request from a foreign State, even if the Court carries out an assessment of whether there is an outline of a criminal case to answer against the applicant.