This was an appeal by the Indian government against the decision of District Judge Rebecca Crane dated 16 Oct 2017 to discharge Mr Chawla in respect of an extradition request dated 1 Feb 2016. The appeal raised issues about prison conditions in Tihar prison in India, and the District Judge’s approach to a second assurance from the Indian government dated 22 Sept 2017.
The Court stayed the appeal to give the Indian government an opportunity to provide further assurances. It held that it was possible to meet the ECHR, art 3 real risk criteria by offering suitable assurance that Mr Chawla would be kept in art 3 compliant conditions in Tihar prison before, during trial and, in the event of conviction and sentence of imprisonment, after trial. Such an assurance would need to: address the personal space available to Mr Chawla in Tihar prisons; the toilet facilities available to him; identify the ways in which Mr Chawla will be kept free from the risk of intra-prisoner violence in the High Security wards; and repeat the guarantee of medical treatment for Mr Chawla.
Mark Summers QC and Aaron Watkins were involved in this case.