Challenge to extradition successful on ECHR, art 8 grounds
The Government of the Republic of Turkey v Soykok, 25th June 2019
- Related Member(s):
- Jessica Jones
- Related Practice Area(s):
- Extradition and Mutual Assistance
- Westminster Magistrates’ Court
In extradition proceedings for the supply of cannabis, the requested person challenged extradition on several grounds:
- Under the Extradition Act 2003, s 78(4)(b), the conduct described is not an extradition offence;
- Under s 82, extradition would be oppressive due to the passage of time;
- Under s 87, his extradition would violate ECHR arts 3, 6 and 8.
The court held that, having undertaken the balancing exercise for ECHR, art 8, it would be disproportionate to extradite the requested person to Turkey. This is because the offence was not the most serious, the requested person was only 19 when he committed it, and he is otherwise of good character and has made a positive life for himself in the UK with his partner of seven years. The court rejected all other grounds of challenge. As such the court discharged the requested person.
Jessica Jones was involved in this case.