The court addressed a submission to the effect that there was a substantial risk that the USA would not honour assurances given in Diplomatic Notes.
Held: Laws LJ, referred to the fundamental assumption that a requesting state is acting in good faith, subject to the possibility of that assumption being displaced by evidence. He went on to say that the USA: ‘ is a state with which the United Kingdom has entered into five substantial treaties on extradition over a period of more than 150 years. Over this continued and uninterrupted history of extradition relations there is no instance of any assurance given by the United States, as the requesting state in an extradition case, having been dishonoured.’
Lord Justice Laws,
Mr Justice Walker
[2007] HRLR 8, [2007] ACD 54, [2007] UKHRR 525, [2006] EWHC 2927 (Admin)
Bailii
England and Wales
Cited by:
Cited – United States of America v Assange Admn 10-Dec-2021
The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 15 December 2021; Ref: scu.670452