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On the facts, it was held that extradition to the United States to face trial in Virginia would expose the fugitive to the risk of treatment going beyond the threshold set by article 3. The special factors taken into account were the youth of the fugitive (he was 18 at the time of the murders), an impaired mental capacity, and the suffering on ...
6 cze 1995 · Download PDF (1.3 MB) Report Report a problem. Document detail Citations 2 / 87; Citation S v Makwanyane and Another (CCT 3/94) [1995] ZACC 3 (6 June 1995) Copy Media Neutral Citation [1995] ZACC 3 Copy Hearing date 15 February 1995 Court Constitutional Court of South Africa Case number ...
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgment of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution.
This paper investigates the interpretation of the often vague and undefined constitutional rights and values fundamental to the South African Constitution by revisiting S v Makwanyane.4 Makwanyane was chosen because the Court had to deal with the undefined rights and values articulated by the Interim Constitution.5.
Facts. T. Makwanyane and M. Mchunu (defendants) were convicted of four counts of murder and various other charges in South Africa (plaintiff). Both defendants were sentenced to death on the murder counts and to imprisonment for the other charges.
21 lut 2024 · S v Makwanyane and Another was a landmark decision of the Constitutional Court of South Africa, in which the court ruled that capital punishment was incompatible with the protection against "cruel, inhuman or degrading treatment or punishment" in the Interim Constitution.
In the landmark decision in S v Makwanyane, the Constitutional Court went to great lengths to show the court’s openness to international law by, inter alia, declaring that the Constitution’s reference to international law included both binding and non-binding international law.
