The European Court of Human Rights has today decided to lift the interim measures adopted in the case Einhorn v. France (application number 71555/01), namely its request to the French Government to postpone the extradition of Ira Einhorn to the United States.

Mr Einhorn lodged his application with the Court on 12 July 2001. It was registered the same day. Having received information that the applicant had tried to commit suicide, the acting President of Section III decided to adopt interim measures, under Rule 39 of the Rules of Court, "in the interests of the proper conduct of the proceedings before the Court". Specifically, the acting President asked the French Government to provide information about Mr Einhorn’s state of health by 17 July and not to extradite him prior to 19 July 2001, when a further decision was to be taken.

A medical report dated 12 July was sent to the Court by the French Government on 17 July 2001, verifying that Mr Einhorn was fit to travel to the US by plane under medical and police supervision.

Mr Einhorn, an American national, left the US after being accused of murdering his former partner. On 29 September 1993, he was found guilty, in his absence, of murder and sentenced to life imprisonment. On 24 July 2000 the French Government agreed to extradite Mr Einhorn, who is currently in France, on the ground that the applicant would benefit from a new and fair trial if returned to Pennsylvania and that he would not face the death penalty. He appealed, and, on 12 July 2001, the Conseil d’Etat rejected his appeal.

In his application before the European Court of Human Rights Mr Einhorn complains, among other things, that his extradition was agreed despite the risk of his facing the death penalty and being exposed to inhuman and degrading conditions on "death row". However, it appears from the documents submitted to the Court, in particular from the decision of the Conseil d’Etat, that satisfactory assurances have been provided by various US authorities that the applicant will not face the death penalty in any circumstances.

The applicant also complains that the French Government have authorised his extradition when there is a risk that he will not be able to have his case reheard in Pennsylvania.

He principally relies on Article 3 of the European Convention on Human Rights (prohibition on inhuman or degrading treatment or punishment) and Article 6 § 1 (right to a fair hearing).

The Judge Rapporteur in the case has now asked the French Government, under Rule 49 § 2a) of the Rules of Court, for further information about the applicant’s legal situation regarding a possible retrial of his case if he is returned to the US. A Chamber of Section III will consider the admissibility of the full application sometime in September.

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