The imposition of the death penalty is a clear obstacle to extradition under Section 8 IRG. The requesting state can give an assurance that it will not impose the death penalty so that extradition may take place. However, regarding China, such an assurance should not lead to the granting of extradition. China keeps secret how many death sentences are carried out. On the one hand, this secrecy makes it impossible to determine how many people have already been executed. On the other hand, in the event of extradition, it cannot be ruled out that the death penalty would not be carried out in secret. Thus, in the case of any offence for which the death penalty is provided under Chinese law, it can be assumed that extradition will be rejected.
Human and civil rights:
No one may be subjected to torture or other inhuman or degrading treatment, cf. Art. 3 ECHR. Extradition must be refused if such treatment is to be expected in the requesting country.
China is known for serious and systematic human rights violations. In addition to the known human rights violations, it should be noted that the Chinese authorities do not release any information in many cases. Thus, the exact human rights situation is challenging to assess.
The Federal Agency for Civic Education speaks of China’s poor state of human rights. There are reports of systematic torture, with abuses ranging from beatings and burnings to sexualised violence.
Many proceedings in Chinese courts are conducted without legal representation, and lawyers who advocate for human rights defenders are themselves put on trial. According to Art. 6 ECHR, every person has a right to a fair trial. Thus, violations of the rule of law can also stand in the way of extradition.
Civil rights, especially freedom of expression, are severely restricted. At the latest since the introduction of the Personal Information Protection Act, access to the internet has been restricted.
Furthermore, China has been criticised for mass DNA collection since 2022. According to official reports, China only wants to create a database for fighting crime. Regardless of the purpose pursued, the storage of the DNA profiles of Chinese citizens massively interferes with their personal rights.