VUB-Phd: French Revolution era clause prevented extradition in Catalan case

During the French Revolution, the idea arose that a political crime was not an argument for extraditing a person to another state. That exception was long inscribed in extradition treaties between European states. In 1977, it was significantly watered down by the Council of Europe under pressure from terror movements that were then active in Europe. In her doctoral thesis, Sibel Top investigated the evolution and current application of this clause: "The Catalan issue seems to have brought that clause back into play," she says. The exception for political crimes traditionally inscribed in extradition treaties was intended to protect people who fought for democratic and liberal values. It prevented them being extradited to countries where they would not receive a fair trial. "It was a long-standing feature of extradition treaties," says Top.