Category: Extradition

South Africa v Dewani: Misc 10 Aug 2011

(City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness.
Held: ‘There is undoubted hardship for Mr Dewani if extradited. That hardship is more than ordinary hardship. The chances of an early recovery, or even any recovery, reduce, and the risk of suicide increases. However, when all relevant factors are considered, the hardship falls short of oppression. The public interest in extradition and trial outweighs the competing hardship. ‘

Citations:

[2011] EW Misc 11 (MC)

Links:

Bailii

Statutes:

Extradition Act 2003

Jurisdiction:

England and Wales

Citing:

See Also – Government of South Africa v Dewani Admn 10-Dec-2010
Appeal against grant of bail to extradition subject. . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 20 September 2022; Ref: scu.445442

BH and Another v HM Advocate: HCJ 29 Jul 2011

Judges:

Lord Osborne, Lord Reed, Lord Mackay of Drumadoon

Citations:

[2011] ScotHC HCJAC – 77

Links:

Bailii

Statutes:

Extradition Act 2003

Cited by:

Appeal from – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.

Scotland, Human Rights, Extradition

Updated: 20 September 2022; Ref: scu.444893

Lis and Others v Regional Court in Warsaw, Poland and Others: Admn 31 Oct 2018

The court was asked whether recent developments in Poland which affect the judicial system and the judiciary are such that, without more, the applicants, all subject to European Arrest Warrants [‘EAW’] issued by Polish judicial authorities, should be discharged and thus protected from extradition.
Held: ‘there exists no general basis to decline extradition to Poland. However, by reason of the matters contained in the Commission’s Reasoned Proposal and in the other material to which we have referred, there is sufficient concern about the independence of the Polish judiciary to mean that these applicants and others in a similar position should have the opportunity to advance reasons why they might have an exceptional case requiring individual ‘specific and precise assessment’ to see whether there are substantial grounds for believing they individually might run a real risk of a breach of their fundamental rights to a fair trial. ‘

Citations:

[2018] EWHC 2848 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Extradition

Updated: 15 September 2022; Ref: scu.631196

Regina v Governor of Brixton and Another, Ex Parte Blake: CACD 15 Apr 1999

Part of a sentence of supervised release after imprisonment, was integral to that sentence, and a defendant fleeing a country in breach of the supervision requirements was extraditable.

Citations:

Times 15-Apr-1999

Statutes:

United States of America (Extradition) Order 1976 (1976 No 2144) Art VII(4)

Jurisdiction:

England and Wales

Extradition

Updated: 13 September 2022; Ref: scu.85279

Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain: Admn 17 Mar 2011

The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time.
Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post date its filing in the court. Collins J said: ‘What matters for the purpose of giving the necessary information, as is made clear by what Lord Justice Stanley Burnton said in paragraph 14, is that the respondent should know that an appeal is being pursued.’ and ‘ It follows, as it seems to me from that, that a notice of appeal simply means what it says, namely that the individual has filled out the relevant form or document and has indicated on that that he is appealing. He must, of course, file it and he must serve a copy of it on the Crown Prosecution Service. But it does not follow – and in my judgment cannot follow – that it is necessary for the filing in the court to come before the service on the respondent. The respondent will know that it is said that he has filed a notice of appeal and thus the notice of appeal is pending . .
It follows, as it seems to me, also from that that the distinction that is sought to be drawn between a notice and a draft notice, is one which cannot be relevant or appropriate in the circumstances of an extradition appeal such as this. The notice is a notice of appeal. It does not matter that it has not yet been filed in court. True, I suppose, that it is possible that there may be variations. But those variations would only be in the contents of the notice. The fact that there is an appeal and that appeal is being commenced cannot be changed. That is the only fact that is essential for the purposes of the proper commencement of an appeal. Any failure to comply with the rules and what is contained in that notice – for example, grounds – can be dealt with by the court by making orders to require compliance because they are procedural irregularities which can be cured through CPR 3.10.
Thus I would construe the notice of appeal in section 26(4) to mean no more than notice that an appeal is being brought, not necessarily to extend to the grounds or the other contents of that notice. It seems to me at any other construction would mean that the full period of seven days was not given to an appellant.’

Judges:

Collins J

Citations:

[2011] EWHC 824 (Admin), [2012] 1 WLR 375

Links:

Bailii

Statutes:

Extradition Act 2003 2(4)(c)

Jurisdiction:

England and Wales

Citing:

Cited – Regional Court In Konin, Poland v Walerianczyk Admn 12-Aug-2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. . .

Cited by:

Not on the point – Halligen v Secretary of State for The Home Department Admn 21-Jun-2011
The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time.
Held: . .
Cited – Lukaszewski 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.

Extradition

Updated: 13 September 2022; Ref: scu.441056

Halligen v Secretary of State for The Home Department: Admn 21 Jun 2011

The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time.
Held: What had been served was not a notice of appeal but merely notice of an intention to appeal. The appeal was out of time.

Judges:

Laws LJ, Stadlen J

Citations:

[2011] EWHC 1584 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Citing:

Cited – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
Cited – Regional Court In Konin, Poland v Walerianczyk Admn 12-Aug-2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. . .
Not on the point – Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain Admn 17-Mar-2011
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time.
Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post . .
Cited – Szelagowski v Regional Court of Piotrkow Trybunalski Poland Admn 1-Apr-2011
A clerk was instructed, after filing a notice of appeal, to serve it on the Crown Prosecution Service with a letter on which he wrote the relevant Crown Office reference. The letter was expressed to cover the delivery of the appellant’s notice and . .

Cited by:

Appeal from – Lukaszewski 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 . .
Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 13 September 2022; Ref: scu.441060

HH, Regina (on The Application of) v City of Westminster Magistrates Court: Admn 11 May 2011

The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life.

Citations:

[2011] EWHC 1145 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Extradition Act 2003 14

Cited by:

Appeal from – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 12 September 2022; Ref: scu.439665

Castillo v Kingdom of Spain and Another: Admn 12 Jun 2004

Citations:

[2004] EWHC 1676 (Admin), [2005] Extradition LR 8, [2005] 1 WLR 1043

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Castillo v The Kingdom of Spain, the Governor of HM Prison Belmarsh Admn 13-Jul-2004
In an application to extradite the claimant, the court heard a complaint that the description of the conduct alleged in the request was not a fair description of that conduct. Two of the offences charged were of an attempt to cause really serious . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 11 September 2022; Ref: scu.226884

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution.
Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise of his state functions. Acts of torture and taking of hostages cannot be part of that head of state function despite being undertaken with the state authority. ‘We apply customary international law as part of the common law, and we give effect to our international obligations so far as they are incorporated in our statute law; but we are not an international court. For an English court to investigate and pronounce on the validity of the amnesty in Chile would be to assert jurisdiction over the internal affairs of that state at the very time when the Supreme Court in Chile is itself performing the same task. In my view this is a case in which, even if there were no valid claim to sovereign immunity, as I think there is, we should exercise judicial restraint by declining jurisdiction.’

Judges:

Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann

Citations:

Times 26-Nov-1998, [1998] UKHL 41, [1998] 3 WLR 1456, [2000] 1 AC 61, [1998] 4 All ER 897

Links:

House of Lords, Bailii

Statutes:

Extradition Act 1989 8(1), State Immunity Act 1978, Criminal Justice Act 1988 134, Taking of Hostages Act 1982

Jurisdiction:

England and Wales

Citing:

Appealed from – Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate) Admn 28-Oct-1998
A provisional warrant had been issued by a magistrate for the arrest of the former president of Chile when visting London. The arrest had been in response to an extradition request from a judge in Spain and related to allegations of criminal acts by . .
Cited – Duke of Brunswick v The King of Hanover HL 31-Jul-1948
The Duke claimed that the King of Hanover had been involved in the removal of the Duke from his position as reigning Duke and in the maladministration of his estates.
Held: ‘A foreign Sovereign, coming into this country cannot be made . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
Cited – Hatch v Baez 1876
(United States) The plaintiff claimed that he had suffered injuries in the Dominican Republic as a result of acts done by the defendant in his official capacity of President of that Republic. The Court accepted that because the defendant was in New . .
Cited – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Cited – Trendtex Trading Corporation v Central Bank of Nigeria CA 1977
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit.
Cited – Al-Adsani v Government of Kuwait and Others (No 2) CA 29-Mar-1996
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .

Cited by:

Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Lists of cited by and citing cases may be incomplete.

International, Extradition, Constitutional, Crime

Updated: 03 September 2022; Ref: scu.135004

Spanish Judicial Authority v Arranz: Admn 31 Jul 2015

Judges:

Lord Thomas of Cwmgiedd, CJ

Citations:

[2015] EWHC 2305 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Arranz v Spanish Judicial Authority Admn 14-Jun-2013
Appeal against the judgment at the Westminster Magistrates’ Court ordering the surrender of the respondent Judicial Authority under a conviction European Arrest Warrant. Three issues arose on the appeal:
i) Did the EAW comply with s.2 of the . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 03 September 2022; Ref: scu.550954

Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011

The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or indeed received back by the defendant, until much later.
Held: Following Walerianczyk, there could be no appeal. Irwin J recorded his ‘concern that unrepresented litigants who are in custody will often find it very hard to comply with the necessary requirements, despite every effort on the part of the court staff’.

Judges:

Irwin J

Citations:

[2011] EWHC 267 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Citing:

Applied – Regional Court In Konin, Poland v Walerianczyk Admn 12-Aug-2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. . .

Cited by:

Cited – Lukaszewski 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.

Extradition

Updated: 02 September 2022; Ref: scu.429667

Criminal Court At The National High Court, 1st Division (A Spanish Judicial Authority) v Murua: Admn 8 Oct 2010

Judges:

Sir Anthony May P

Citations:

[2010] EWHC 2609 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 02 September 2022; Ref: scu.425571

Lumenica v Government of Albania: Admn 17 Jul 2012

Four cases in which the appellants sought to appeal under either Part 1 or Part 2 of the Extradition Act 2003, raising issues as to whether the appeals were within the strict time limits of 7 days, imposed by section 26(4) of the 2003 Act in relation to Part 1 Territories, or of 14 days imposed in respect of appeals in relation to Part 2 Territories. They also raised issues as to the proper procedures for launching appeals.

Citations:

[2012] EWHC 2589 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Jurisdiction:

England and Wales

Extradition

Updated: 01 September 2022; Ref: scu.551934

Mucelli, Regina (on The Application of) v The Government of Albania: Admn 27 Jan 2012

Cranston J said that in his view the law and practice in Albania was such that there was no real risk that the applicant would suffer a flagrant denial of justice on his return to Albania, as he was entitled to a retrial on the merits of the case against him.

Judges:

Toulson LJ, Cranston J

Citations:

[2012] EWHC 95 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At HL – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
See Also – Mucelli v Albania and Another Admn 15-Nov-2007
. .
See Also – Mucelli v Secretary of State for The Home Department Admn 18-Jan-2008
. .

Cited by:

Cited – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 31 August 2022; Ref: scu.450503

Government of South Africa v Dewani: Admn 10 Dec 2010

Appeal against grant of bail to extradition subject.

Judges:

Ouseley J

Citations:

[2010] EWHC 3398 (Admin)

Links:

Bailii

Statutes:

Extradtion Act 2003

Cited by:

See Also – South Africa v Dewani Misc 10-Aug-2011
(City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness.
Held: ‘There is undoubted hardship for Mr Dewani if extradited. That hardship is more than ordinary hardship. . .
See Also – Republic of South Africa v Dewani Admn 30-Mar-2012
The appellant challenged the decision by the magistrate to allow his extradition to South Africa to face charges of the murder of his wife. . .
See Also – Republic of South Africa v Dewani Misc 24-Jul-2013
. .
See Also – Government of The Republic of South Africa v Dewani Admn 31-Jan-2014
. .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 31 August 2022; Ref: scu.427948

Arunthavaraja v Administrative Court Office: Admn 9 Jul 2009

The defendant sought to appeal against an order for his extradition. He now sought leave to bring judicial review against of the refusal of the court office to accept his notice had been defective, being out of time.
Held: Judicial review was not the appropriate way to challenge such a decision. Permission to apply was refused. However, the court observed obiter, that ‘service would be defective if an unsealed copy of the notice were served within the seven-day period, provided of course that it were in identical terms to the notice as filed. Even if service of an unsealed copy is technically defective, it may well be that the remedial power in CPR rule 3.10 could be invoked to cure the defect without offending the strict requirements of the 2003 Act.’

Judges:

Richards LJ, Maddison J

Citations:

[2009] EWHC 18921 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003

Cited by:

Cited – Lukaszewski 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.

Extradition, Judicial Review

Updated: 25 August 2022; Ref: scu.425529

Regional Court In Konin, Poland v Walerianczyk: Admn 12 Aug 2010

In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period.

Judges:

Stanley Burnton LJ, Nicol J

Citations:

[2010] EWHC 2149 (Admin), [2012] 1 WLR 363

Links:

Bailii

Statutes:

Extradition Act 2003

Cited by:

Cited – Halligen v Secretary of State for The Home Department Admn 21-Jun-2011
The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time.
Held: . .
Cited – Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain Admn 17-Mar-2011
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time.
Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post . .
Applied – Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic Admn 28-Jan-2011
The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or . .
Cited – Lukaszewski 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.

Extradition

Updated: 22 August 2022; Ref: scu.421514

Goodyer and Gomes v Government of Trinidad and Tobago: Admn 22 Aug 2007

The applicants complained of delays in their extraditions.
Held: ‘It seems to us that, whether the concurrent fault of the requesting state is regarded as keeping the chain of causation intact, albeit attenuated, or is regarded as an exceptional circumstance, it is wrong for the reasons given by Lord Edmund-Davies to leave it out of account . . There would also be an asymmetry, if we may respectfully say so, between taking cause of delay into account to the accused person’s detriment when it is his fault, but leaving it out of account when it is the requesting state’s fault. It seems to us more appropriate to regard the respective faults of the offender and the state as merging at the point where it is no longer reasonable for the requesting state not to have located the offender. From that point it becomes increasingly likely that the sense of security engendered by state inaction will render extradition oppressive . . For all these reasons, difficult though it will be for the decision-maker, section 82 in our judgment requires him or her to give as much weight to the effects of the passage of time as he or she judges right given that both sides have been to blame for it.’

Judges:

Sedley LJ, Nelson J

Citations:

[2007] EWHC 2012 (Admin)

Links:

Bailii

Statutes:

Extradition Act 2003 82

Jurisdiction:

England and Wales

Citing:

Cited – Kakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .

Cited by:

Appeal from – Gomes v Trinidad and Tobago HL 29-Apr-2009
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights.
Held: The House had to consider its own . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 22 August 2022; Ref: scu.258860