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 the United Kingdom as an illegal immigrant, another Albanian national named Ylli Pepa, was killed. On the day after this incident the appellant left London and travelled to Glasgow, where he assumed a false Macedonian identity. It was alleged that he had been responsible for Ylli Pepa’s murder. The Metropolitan Police were unable to locate him, and he continued to live in Glasgow for the time being under that false identity.
Held: The appeal succeeded: ‘I would recall the Appeal Court’s interlocutor of 1 June 2012 by which it dismissed the appeal against the sheriff’s order of 20 January 2011, and remit the case to the High Court of Justiciary for further consideration. I would set aside the Appeal Court’s finding on 2 February 2012 that the proposed new evidence contained in the reports prepared by Dr Bogdani and Ms Vickers was irrelevant to the ground of appeal and ought not to be admitted. The Lord Advocate should be permitted to adduce evidence to rebut any conclusions in the appellant’s favour that may be derived from those reports and any other admissible evidence that he may lead. The appellant must remain in custody for the time being. ‘
Judges:
Lord Hope, Deputy President, Lady Hale, Lord Kerr, Lord Sumption, Lord Toulson
Citations:
[2013] UKSC 48, 2013 SCL 653, 2013 GWD 25-493, [2013] 1 WLR 2324, [2013] WLR(D) 281, [2013] HRLR 31, 36 BHRC 136, 2013 SCCR 430, [2013] 4 All ER 599, 2013 SLT 743, 2013 SC (UKSC) 311, UKSC 2012/0192
Links:
Bailii, Bailii Summary, WLRD, SC, S Summary
Statutes:
Jurisdiction:
England and Wales
Citing:
At HCJ – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012
The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the . .
Appeal from – Kapri v The Lord Advocate Representing The Government of The Republic of Albania HCJ 1-Jun-2012
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Cited – Goatley v Her Majesty’s Advocate and Another HCJ 12-Jul-2006
. .
Cited – La Torre v The Lord Advocate and Another HCJ 8-Nov-2006
The Lord Advocate had conceded that devolution minutes were competent in proceedings under the 2003 Act. . .
Cited – Trajer v The Lord Advocate HCJ 19-Dec-2008
. .
Cited – Engler v Her Majesty’s Advocate HCJ 4-May-2010
. .
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 . .
Cited – 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 . .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Cited – 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 . .
Cited – Zeqaj v Government of Albania Admn 20-Feb-2013
Appeal, under section 103 from the decision to send the matter to the Secretary of State for Home Affairs to consider extraditing Zeqaj to Albania to serve a sentence of 23 years in connection with murder and firearms offences. . .
Cited – Zeqaj v Secretary of State for the Home Department CA 10-Dec-2002
The applicant had failed in his asylum application, and an order given for his repatriation. The order had however by mistake ordered his return to Albania, rather than Serbia. . .
Approved – Devaseelan v Secretary of State for the Home Department IAT 2003
The tribunal asked as to the relevance of the possible mistreatment of the applicant if returned to his home country: ‘The reason why flagrant denial or gross violation is to be taken into account is that it is only in such a case – where the right . .
Cited – Mamatkulov And Askarov v Turkey ECHR 4-Feb-2005
Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial . .
Cited – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Cited – Omar Othman (Abu Qatada) v The United Kingdom ECHR 17-Jan-2012
The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that . .
Cited by:
See Also – Kapri v Her Majesty’s Advocate (For The Republic of Albania) HCJ 25-Apr-2014
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See Also – Kapri v Her Majesty’s Advocate, Re In The Application By (Albania) HCJ 17-Jun-2014
. .
Cited – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
Lists of cited by and citing cases may be incomplete.
Scotland, Immigration, Human Rights, Extradition
Updated: 16 August 2022; Ref: scu.512252