The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him.
2.
On 7 July 1989, the European Court of Human Rights ( ECtHR ) handed down a unanimous judgment affirming the Commission's conclusion that Article 3 could be engaged by the extradition process and that the extraditing state could be responsible for the breach where it is aware of a real risk that the person may be subject to inhuman or degrading treatment.
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