Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but felt that the imposition of such a sentence even with the undertaking would infringe the defendant’s human rights.
Held: The appeal failed.
Judges:
Lord Justice Moses
Mr Justice Silber
Citations:
[2014] EWHC 1569 (Admin), [2014] ACD 114, [2014] WLR(D) 245, [2014] 1 WLR 4464
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Richards v Government of Ghana Admn 16-Apr-2013
. .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Ocalan v Turkey ECHR 12-May-2005
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which . .
Cited – Harkins and Edwards v The United Kingdom ECHR 17-Jan-2012
Each defendant objected to their proposed extradition to the US, saying that if extradited and convicted they would face the possibility of a death sentence or of a life sentence without the possibility of parole, each being incompatible with . .
Cited – Al-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
Cited – Wellington Regina, (on the Application of) v Secretary of State for the Home Department HL 10-Dec-2008
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face . .
Cited – De Boucherville v The State of Mauritius PC 9-Jul-2008
(Mauritius) The board was asked to consider the constitutionality of the term of imprisonment being served by the prisoner.
Held: The Board accepted that mandatory life sentences are by their nature distinct from mandatory death sentences, but . .
Cited – Reyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
Cited – Regina v Lichniak HL 25-Nov-2002
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate.
Held: The case followed on . .
Cited – Vinter And Others v The United Kingdom ECHR 9-Jul-2013
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights.
Held: For a life . .
Cited – Regina v McLoughlin; Regina v Newell CACD 18-Feb-2014
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in . .
Cited – Patel v Government of India and Another Admn 18-Apr-2013
Ss.84(2)-(4) of the 2003 Act extend the scope of admissible evidence in line with the modern domestic approach to the admissibility of hearsay evidence . .
Cited – Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department Admn 16-Apr-2014
False . .
Lists of cited by and citing cases may be incomplete.
Extradition, Human Rights
Updated: 25 October 2022; Ref: scu.525487