Country: United States of America
United States Of America v Assange  EW Misc 1 (MagC)
A UK judge has ruled that the Wikileaks founder, Julian Assange, cannot be extradited to the United States of America to face charges of espionage, following concerns over his mental health and risk of suicide. Prosecutors in the USA accused Assange of helping US defence analyst Chelsea Manning breach the US Espionage Act, and of […]
Home Department permitted to provide material relating to alleged terrorist to US Government, under Mutual Legal Assistance
R (on the application of Elgizouli) v The Secretary of State for the Home Department  EWHC 2516 (Admin)
The Divisional Court has handed down a judgment in a case involving a challenge to a decision of the Secretary of State for the Home Department to provide material to the US Government, pursuant to a request for Mutual Legal Assistance (‘MLA’).
MLA is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences. In this case, the requested material related to the alleged terrorist activities of the claimant’s son, Shafee El Sheikh.
The principal issues for determination were whether the decision to provide MLA was compatible with the Data Protection Act 2018 and whether the decision was irrational. In particular, the issue was whether it was strictly necessary and proportionate to transfer personal data to a third country in support of a foreign prosecution in circumstances in which the Crown Prosecution Service had decided that there was sufficient evidence to prosecute Mr El Sheikh in this jurisdiction.
Held: the Divisional Court refused permission to apply for judicial review. The Court considered that the prospect of a domestic prosecution was not relevant to the question of whether it was necessary and proportionate to transfer data to a third country, and that it was not arguably irrational for the Secretary of State to fail to have regard to such a prospect in deciding to provide MLA.
The Matrix Law Pod Episode 9: Death, Protest, Change – A Discussion With David Lammy MP On The Response To The Killing Of George Floyd
Subscribe on iTunes, Spotify and Acast. The brutal killing of George Floyd has led to a chain reaction in many countries not simply of protest but an increasing acknowledgement of the need to address the persistent and pervasive impact of systemic racism. This week we speak to David Lammy MP, one of the most prominent […]
In this week’s podcast, we speak to Professor David Cole, Legal Director of the American Civil Liberties Union, about human rights and the rule of law in the USA. We examine the USA’s response to the Covid crisis and what it tells us, not simply about the strength of the rule of law there but […]
The extradition proceedings brought by the United States against Dr Mike Lynch, the prominent British businessman and former CEO of Autonomy plc., have commenced. Alex Bailin QC represents Dr Lynch, instructed by Kelwin Nicholls of Clifford Chance LLP. Mark Summers QC represents the US Government, instructed by the CPS Extradition Unit. Press Coverage The Times […]