Mr S’ extradition was sought in respect of three offences arising from an accusation of “participation in a criminal organisation, organised swindling and laundering the proceeds of fraud” between January 2013 and November 2019.
The main challenges to Mr S’ extradition centred around his health conditions and a requirement for him to be accommodated in a single cell in a custodial environment. As part of the evidence advanced on behalf of Mr S, the court had regard to a report on French criminal procedure and prison conditions prepared by Thibault Kempf.
District Judge Smith sought further information from the French authorities regarding the provision of a single cell and the healthcare available for Ms S within the French prison estate (as per Criminal Proceedings Aranyosi and Caldarau [2016] Q.B. 921). However, the further information was not forthcoming within the directions set by the District Judge.
As a result, the District Judge concluded that:
- she could not “discount the existence of a risk of inhuman or degrading treatment” and that “the extradition request must be refused on the basis of the RP’s Article 3 rights”.
- “To order extradition of the RP…would be a breach of his article 8 rights”.
- “..I am satisfied that the RP’s physical condition is such that it would be oppressive to extradite him.”
Accordingly, she discharged Mr S pursuant to Article 3 and Article 8 of the ECHR and section 25 of the Extradition Act 2003. The decision was not appealed.
Catherine was instructed by Rakesh Basin of Edwards Duthie Shamash Solicitors.
