H v Spain: ECHR 1982

(Commission) An American citizen whose extradition from Spain was sought by the United States, complained that he had had inadequate legal representation and interpretation before the Audiencia Nacional.
Held: The complaint was inadmissible. Extradition proceedings do not involve the ‘determination of a criminal charge’ within article 6(1), because in this context ‘the word ‘determination’ involves the full process of the examination of an individual’s guilt or innocence of an offence’

Citations:

10227/82

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

Human Rights

Cited by:

CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Extradition

Updated: 08 May 2022; Ref: scu.463305