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 notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated enemy combatants. Those reassurances were from the government and not from counsel in court: ‘acts touching only the internal affairs of the United States, cannot in my judgment begin to constitute a premise from which this court should conclude that the Diplomatic Notes will not be fully honoured.’
‘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.’
Judges:
Lord Justice Laws and Mr Justice Walker
Citations:
[2006] EWHC 2927 (Admin), Times 05-Dec-2006, [2007] ACD 54, [2007] UKHRR 525, [2007] HRLR 8
Links:
Statutes:
Extradition Act 2003, European Convention on Human Rights 3 5 6
Jurisdiction:
England and Wales
Citing:
Cited – Armah v Government of Ghana and Another HL 1968
The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable . .
Cited – Welsh and Thrasher v Secretary of State for the Home Department and Another Admn 21-Feb-2006
Ouseley J: ‘First, if there had been a routine disregard of the specialty rule, I would have expected that over the decades of extradition to the US from the UK, and in particular from those countries with which the US enjoys a land frontier, the UK . .
Cited – Bermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-2006
Prosecution to protect defendant not available
The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director . .
Cited – Regina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
Cited – Lodhi v Governor of HMP Brixton and Government of United Arab Emirates Admn 13-Mar-2001
. .
Cited – Serbeh v Governor of HM Prison Brixton 31-Oct-2002
Kennedy LJ said: ‘[T]here is (still) a fundamental assumption that the requesting state is acting in good faith.’ . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited by:
Cited – Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department Admn 7-Aug-2009
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or . .
At Court of Appeal – 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 Kingdom ECHR 10-Jul-2007
(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 . .
Cited – RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same HL 18-Feb-2009
Fairness of SIAC procedures
Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this . .
Lists of cited by and citing cases may be incomplete.
Extradition, Human Rights
Updated: 22 November 2022; Ref: scu.246753