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:
Statutes:
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
