Source: All England Reporter
Publisher Citation: [2005] All ER (D) 223 (Nov)
Neutral Citation: [2005] EWHC 2526 (Admin)
Court: Queen's Bench Division (Divisional Court)

Keene LJ and Poole J

Representation Edward Fitzgerald QC and Julian Knowles (instructed by Birnberg Peirce) for the claimant.
  James Eadie (instructed by the Treasury Solicitor) for the Secretary of State.
  James Lewis QC and Hugo Keith (instructed by the Crown Prosecution Service) for the interested party.
Judgment Dates: 17 November 2005


Extradition - Fugitive offender - Order for return to requesting country - Bad faith of requesting country - Evidence obtained by torture - Risk of ill-treatment in requesting country - Whether Secretary of State erring in ordering extradition.

The Case

In the circumstances, the defendant Secretary of State was entitled to conclude, without further evidence, that any inaccuracies in the information supplied by the French government in support of its request for the extradition of the claimant could have arisen through administrative oversight and were not the result of a deliberate act of bad faith to deceive the English court. Moreover, there was no evidence to suggest that the claimant would be tried on the basis of evidence obtained by torture or that he would not receive a fair trial if extradited to France. Furthermore, in view of the legal protection in France for an accused the Secretary of State was entitled to conclude that there was no real risk to the claimant of ill-treatment in France amounting to a breach of his rights, contrary to art3 of the European Convention on Human Rights, if his extradition was ordered.

If you are a LexisLibrary subscriber you can read more about this case here.