The defendant had been convicted in his absence by a court in Turin and in respect of whom there was uncontradicted evidence before their lordships that if he were returned to that jurisdiction he would, under the relevant Italian procedures, be wholly unable to avail himself of any right of appeal.
Held: A fugitive offender who has been convicted in absentia by a requesting state, shall not be returned to such state if it appears to the Secretary of State that it would not be in the interest of justice to return him.
Lord Justice Kennedy
[1997] EWHC Admin 988
Extradition Act 1989 6(2)
England and Wales
Citing:
Cited – Colozza v Italy ECHR 12-Feb-1985
The defendant complained that he had been tried and convicted in his absence.
Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is . .
Cited by:
Cited – Regina v Secretary of State for Home Department ex parte Masterman Admn 10-Feb-1998
The defendant had been arrested as a fugitive offender having been sentenced for rape in the US. The defendant argued that it would be ‘unjust or oppressive to return him’. The defendant argued that the case was an injustice but that if returned he . .
Cited – Mariotti v Government of Italy and others Admn 2-Dec-2005
The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak.
Held: The court’s duty was not to investigate the evidential . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 03 January 2022; Ref: scu.137933