Sweden s Supreme Court blocked the extradition of a former Chinese official wanted by Beijing on suspicion of embezzlement, ruling on Tuesday that he could face persecution if sent back to China.
While there was reasonable suspicion Qiao Jianjun had committed crimes in China, there was a risk he would be persecuted because of his political activity and treated in violation of the European Convention, the court ruled.
"Under these conditions, extradition cannot take place," Justice Council Petter Asp said in a statement.
China had asked Sweden to extradite Qiao, also known as Feng Li, on suspicion of breach of trust and fraud relating to the embezzlement of the equivalent of around 100 million Swedish crowns ($11 million).
He has also been charged with money laundering and immigration fraud in the United States, which is also seeking his extradition.
"Now we have a precedent, that the court has found that China s handling of the juridical system and human rights is appalling and cannot be accepted, at least not by a Swedish court," Henrik Olsson Lilja, Qiao s lawyer, told Reuters.
"China can not appeal this decision. There will be no extradition from Sweden."
Qiao was arrested in Sweden in June last year under the Chinese extradition request. He was released last month, then re-arrested days later under the U.S. request.
The European Convention and Swedish law both bar authorities from extraditing people to countries where they would face political or religious persecution, torture or the death penalty.
Lilja said the U.S. case remained open, with the United States having until August 2 to say why it wants Qiao extradited.
Qiao has been residing in Sweden since 2013 and applied for asylum in March. A decision is pending.
