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Reported
The applicant cannot be extradited or deported to face a real risk of the death penalty absent a written assurance against execution.
Constitutional law – extradition/deportation – right to life and prohibition of cruel, inhuman or degrading treatment – S v Makwanyane and Mohamed require written assurance that death penalty will not be imposed or carried out before removal; deportation cannot circumvent this obligation; international law cannot justify conduct inconsistent with the Constitution.
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