Source: All England Reporter
Publisher Citation: [2008] All ER (D) 297 (Mar)
Neutral Citation: [2008] EWHC 547 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Richards LJ and Swift J
Representation Ben Brandon (instructed by Dalton Holmes Gray) for the appellant.
  Gemma Lindfield (instructed by the Crown Prosecution Service) for the judicial authority of the requesting state.
Judgment Dates: 19 March 2008

Catchwords

Extradition - Extradition hearing - Appeal - District judge finding extradition not violating appellant's right to life - Appellant adducing expert evidence to show requesting state unable to provide him with reasonable level of protection from non-state agents - Whether extradition violating appellant's right to life -  1, Pt 1, arts 2, 3 - .

The Case

In the instant case, although the appellant had shown the existence of a threat to his life and safety in Ireland, sufficient to meet the real risk test, the evidence fell well short of establishing that the Irish authorities would fail to provide the appellant with reasonable protection, either while in custody on remand, or in the longer term. The prison authorities were plainly well aware of their obligations under art2 of the Convention, and the steps they were taking to improve security within the prison system were directed towards the proper discharge of those obligations. It followed that the district judge had been correct to order his extradition.

Practice Areas

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