Mohamed v President of the Republic of South Africa
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''Mohamed v President of the Republic of South Africa'', 001ZACC 18, is a 2001 decision of the
Constitutional Court of South Africa The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
dealing with the legality of the South African government's actions in handing over Khalfan Khamis Mohamed to United States authorities. The court ruled that the South African government may not
extradite Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
a suspect who may face the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
without seeking an assurance from the receiving country that the suspect will not be sentenced to death.


See also

*
Section Eleven of the Constitution of South Africa Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion. It also has important implications for ...
* ''
S v Makwanyane ''S v Makwanyane and Another'' (CCT 3/94) was a landmark 1995 judgement of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitut ...
'' (abolishing the death penalty in South Africa) * ''
Soering v United Kingdom ''Soering v United Kingdom'' 161 Eur. Ct. H.R. (ser. A) (1989) is a landmark judgment of the European Court of Human Rights (ECtHR) which established that extradition of a German national to the United States to face charges of capital murder vio ...
'' (similar ruling from the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
) * '' United States v. Burns'' (similar ruling from the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
)


References


External links


Text of the judgment
from
SAFLII The Southern African Legal Information Institute (SAFLII) is the largest online free-access collection of legislation and case law from South Africa and other jurisdictions in the South African region. SAFLII was formally created in 2002 as a ...
Constitutional Court of South Africa cases Extradition case law Death penalty case law South African criminal case law 2001 in South African case law {{SouthAfrica-case-law-stub