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Court: Magistrates' Court

Magistrates Court finds that extradition of four individuals to Russia could violate Article 3 in the absence of effective monitoring of prison conditions

This case concerned the extradition requests of four individuals on the part of the Russian Federation. The Court had to consider whether the extradition requests should be discharged on the basis of Article 3. The first question for the Court was whether the conditions assured by the Russian Federation, if in place, would still lead to a breach of the requested person’s Article 3 rights. If not, the Court would consider whether the proposed method of monitoring of the assurances given by the Russian Federation would be effective in practice and therefore reduce the risk of an Article 3 breach.

The Chief Magistrate ruled that there is no effective monitoring of prison conditions in Russia. In the absence of effective monitoring, the Court held that if extradited the individuals would be held in conditions which give rise to a real risk of a violation of their Article 3 rights that the absence of effective independent monitoring of prison conditions increases that risk.

The decision may be the subject of an appeal.

Application to withdraw arrest warrant for Julian Assange refused

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Risk of inhuman or degrading treatment in prison barred extradition

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The Government of the United States of America v Giese

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Court considers human rights risks in extradition case

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Turkey sought the extradition of the claimant for “Terrorist” related offences. The Court, inter alia, considered whether there was an abuse of process, and any risk of breach of the ECHR, arts 2, 3, 6 and 8. Mark Summers QC and Aaron Watkins were involved in this case.