| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 01 (Aug) |
| Neutral Citation: | [2009] EWHC 2021 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Stanley Burnton LJ and Wilkie J |
| Representation | Edward Fitzgerald QC and Ben Cooper (instructed by Kaim Todner LLP) for the claimant. |
| Hugo Keith QC (instructed by the Treasury Solicitor) for the Secretary of State. | |
| David Perry QC and Clair Dobbin (instructed by the Crown Prosecution Service) for the Director of Public Prosecutions. | |
| Judgment Dates: | 31 July 2009 |
Catchwords
Extradition - Extradition order - Appeal - Convention rights - Right not to be subjected to inhuman or degrading treatment - Claimant's appeals against extradition order dismissed by Divisional Court and House of Lords - Fresh medical evidence emerging suggesting that claimant having Asperger Syndrome - Claimant arguing extradition would involve infringement of his convention rights - Secretary of State disagreeing and ordering extradition - Whether claimant correct - Whether Secretary of State erring - European Convention on Human Rights, art 3.
The Case
Extradition Extradition order. Queen's Bench Division, Divisional Court: The court ruled that the Secretary of State's decision that the claimant should be extradited to the United States of America to face charges of computer misuse, particularly, allegations that he had hacked into US Government computers, did not contain any error of law. It was held that extradition would not involve any infringement of art3 of the European Convention on Human Rights.
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