(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they would be put on trial before a military commission in violation of their rights under articles 3, 5 and 6 of ECHR. By Diplomatic Notes, the government of the US had given assurances that upon extradition they would be prosecuted before a federal court with the full panoply of rights and protection that would be provided to any defendant facing similar charges.
Held: There was to be a fundamental assumption that the requesting state was acting in good faith when giving assurances in Diplomatic Notes. The assurances in the notes were given by a mature democracy. The United States was a state with which the United Kingdom had entered into five substantial treaties on extradition over a period of more than 150 years. Over this period there was no instance of any assurance having been dishonoured.
Citations:
[2007] ECHR 674, 24027/07
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Citing:
See Also – Ahmad and Aswat v United Kingdom ECHR 10-Jun-2007
(Statement of Facts) The applicants resisted extradition from the respondent country to the USA to face allegations of terrorist related crime. . .
At Court of Appeal – Ahmad and Aswat v United States of America Admn 30-Nov-2006
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission.
Held: The appeals failed. The court had diplomatic . .
Cited by:
See Also – Ahmad and Aswat v United Kingdom ECHR 6-Jul-2010
It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be . .
See Also – Babar Ahmad And Aswat v United Kingdom ECHR 10-Apr-2012
The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms.
Held: Detention conditions and length of sentences of five alleged . .
Lists of cited by and citing cases may be incomplete.
Human Rights, International
Updated: 04 November 2022; Ref: scu.463498
