Trump’s electoral fiction floats free of verifiable reality. It is defended not so much by facts as by claims that someone else has made some claims. The sensibility is that something must be wrong because I feel it to be wrong, and I know others feel the same way. When political leaders such as Ted Cruz or Jim Jordan spoke like this, what they meant was: You believe my lies, which compels me to repeat them. Social media provides an infinity of apparent evidence for any conviction, especially one seemingly held by a president.
The defence argues that it would breach Articles 2 and 3 of the European Convention on Human Rights to order extradition of this defendant to South Africa. It would breach Article 2 if there is known to be a real risk to Mr Dewani of loss of life in the receiving 45 country. To establish Article 3 the defence must show that there are substantial grounds for believing that there is a real risk that the requested person will be subjected to torture or to inhuman or degrading treatment or punishment in the requesting state. In each case it is necessary to show there where the risk is from non-state agents, that there is in addition a lack of reasonable protection in the receiving country. It is common ground that an assessment must be made according to the specific circumstances as they would apply to Mr Dewani rather than generalized concerns. A high threshold is required to establish Article 3. The ill-treatment must necessarily be serious such that it is an affront to fundamental humanitarian principles to remove an individual to a country where he is at risk of serious ill-treatment. – Judge Howard Riddle in judgment in the Shrien Dewani extradition caseBACK TO TOP