The Government of India v Dhir and Another: Admn 6 Feb 2020

The court heard a Part 2 case in which the issues related to article 3 of the Convention. The court said: ‘The court may consider undertakings or assurances at various stages of the proceedings, including on appeal, and the court may consider a later assurance even if an earlier undertaking was held to be defective: see Dzgoev v Russia [2017] EWHC 735 at paragraph 68 and 87 and Giese v USA (no 4) . . Where a real risk of inhuman and degrading treatment is established, it is not appropriate to discharge the requested person but to enable the requesting state ‘to satisfy the court that the risk can be discounted’ by providing assurances, see Georgiev v Bulgaria [2018] EWHC 359 (Admin) at paragraph 8(ix). If such an assurance cannot be provided within a reasonable time it may then be necessary to order the discharge of the requested person, see . . India v Chawla at paragraph 47.’

Lord Justice Dingemans,
Mr Justice Spencer
[2020] EWHC 200 (Admin)
Bailii
European Convention on Human Rights
England and Wales
Cited by:
CitedUnited States of America v Assange Admn 10-Dec-2021
The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court . .

Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 15 December 2021; Ref: scu.648141