The applicant sought to challenge extradition proceedings on the grounds that it would be a breach of his human rights to allow him to be extradited to a country where he might face the death penalty, a penalty precluded under the Convention. The court held that the extradition proceedings themselves should not be affected by this question, but instead the issue should be addressed, if an order was made, at the point where the Secretary of State made the executive decision to return the prisoner, perhaps by seeking re-assurances from the requesting state about compliance with the convention. The risk of his being also dealt with for other offences not the subject of the extradition application should be dealt with in the same way.
Judges:
Brooke LJ, Harrison J
Citations:
Times 10-Aug-2001
Statutes:
European Convention on Human Rights Sixth Protocol Art 1
Jurisdiction:
England and Wales
Extradition, Human Rights
Updated: 08 May 2022; Ref: scu.159500