Source: All England Reporter
Publisher Citation: [2002] All ER (D) 107 (Oct)
Neutral Citation: [2002] EWHC 2029 (Admin)
Court: Administrative Court
Judge:

Brooke LJ and Bell J

Representation Edward Fitzgerald QC and Julian Knowles (instructed by Corker Binning) for applicant.
  Christopher Greenwood QC and Andrew Colman (instructed by the Crown Prosecution Service) for the respondents.
Judgment Dates: 9 October 2002

Catchwords

Extradition - Committal - Evidence - Applicant Pakistani - Evidence of discrimination against Pakistanis in requesting state - Whether applicant if returned would be prejudiced by reason of his race, religion or nationality - Whether applicant to be discharged - United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, art 6.6 - s 6(1)(d).

The Case

Article6.6 of the Vienna Convention was merely permissive in its terms and the court was bound to interpret the less wide language found in the 1989 Act. Having regard to that language, if there was evidence that prisoners in any given country systematically received less favourable treatment in a significant way while serving their sentences by reason of their race or nationality, and if those responsible for the prisons either approved and encouraged such treatment or turned a blind eye to it, then a court could conclude that there was a reasonable chance that a defendant returned to that country might be punished in a way which would be attributable to his race or nationality within the meaning of s6(1)(d). In the instant case, however, there was no such evidence.

Practice Areas

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