The defendant appealed against an order for his extradition saying that the proposed criminal proceedings would be an abuse of process and that the evidence against him had been obtained by torture and threats of violence.
Held: There did remain a residual right to decline an extradition request for abuse of process, but that did not go so far as consideration of alleged misconduct or bad faith by the requesting state. The judicial systems of members states of the European Union had to be regarded as providing appropriate minimum safeguards.
Judges:
Laws LJ, Ouseley J
Citations:
[2009] EWHC 897 (Admin), Times 13-May-2009, [2009] 1 WLR 2384
Links:
Statutes:
Jurisdiction:
England and Wales
Extradition
Updated: 05 May 2022; Ref: scu.341859
