La Torre v Italy: Admn 20 Jun 2007

Laws LJ considered the decision in Kakis and said: ‘All the circumstances must be considered in order to judge whether the unjust/oppressive test is met. Culpable delay on the part of the State may certainly colour that judgment and may sometimes be decisive, not least in what is otherwise a marginal case (as Lord Woolf indicated in Osman (No 4). And such delay will often be associated with other factors, such as the possibility of a false sense of security on the extraditee’s part. The extraditee cannot take advantage of delay for which he is himself responsible (see Lord Diplock in Kakis at 783). An overall judgment on the merits is required, unshackled by rules with too sharp edges’.


Laws LJ, Davis J


[2007] EWHC 1370 (Admin)




CitedKakis 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 . .
See AlsoLa Torre v Her Majesty’s Advocate HCJ 14-Jul-2006
The applicant resisted his extradition to Italy, saying that the provisions of Part 2 of the 2003 Act were engaged because the case started life before Italy ratified the Framework Decision and so adopted the EAW system. La Torre had been found . .
See AlsoLa 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 by:

CitedKrzyzowski v Circuit Court In Gliwice, Poland Admn 23-Nov-2007
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair.
Held: The judge was right to hold that his ruling of deliberate . .
CitedGomes 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 . .
CitedSpanovic v Government of Croatia and Another Admn 15-May-2009
The appellant appealed against an order for his extradition to face charges of having committed war crimes. He said that his menta condition was such that ‘It is plain to us that the bar is set very high, and the graver the charge the higher the . .
Lists of cited by and citing cases may be incomplete.


Updated: 11 July 2022; Ref: scu.254608