INTERNATIONAL LEGAL COOPERATION IN THE INTER-AMERICAN COURT OF HUMAN RIGHTS

STANDARDS IN MATTERS OF EXTRADITION

Abstract

Currently, the tension between open borders and migration control, driven by globalization, highlights the importance of studying extradition as a significant instrument of international legal cooperation and its relationship with human rights, particularly within the context of regional human rights protection systems. Based on this, the question arises: what are the inter-American protective standards regarding extradition? This article aims to examine these standards by investigating the intersection of human rights, migration, and extradition. The research seeks to understand the protection of migrants' rights within the Inter-American Human Rights Protection System and assess how these norms impact the extradition process. Employing a qualitative approach and jurisprudential analysis, the study intends to address existing gaps in the literature, contributing to the enhancement of legal protections in extradition. In this context, among other considerations, the Inter-American Court has established that a lack of diligence in extradition may violate human rights, obstructing accountability for severe violations. It has underscored the necessity of ensuring the presumption of innocence, adequate reasoning for decisions, and protection against torture and the death penalty.