(Commission) An American citizen whose extradition from Spain was sought by the United States, complained that he had had inadequate legal representation and interpretation before the Audiencia Nacional.
Held: The complaint was inadmissible. Extradition proceedings do not involve the ‘determination of a criminal charge’ within article 6(1), because in this context ‘the word ‘determination’ involves the full process of the examination of an individual’s guilt or innocence of an offence’
Citations:
10227/82
Statutes:
European Convention on Human Rights 6(1)
Jurisdiction:
Human Rights
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.
Human Rights, Criminal Practice, Extradition
Updated: 08 May 2022; Ref: scu.463305