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Extradition request refused pending further information about detention conditions in Lisbon Central Prison

Mohammed v Comarca De Lisboa Oeste, Instancia Central De Sintra, 1a Seccão Criminal, Portugal [2017] EWHC 3237 (Admin)

Related Member(s):
Alex Bailin QC
Related Practice Area(s):
Extradition and Mutual Assistance, Immigration, Asylum and Free Movement
Court:

Whether the prison conditions in Lisbon Central Prison in Portugal were such that it would amount to a breach of the appellant’s rights under ECHR, art 3 if he was extradited as per an EAW request.

The Court held that there was objective, reliable, specific and up to date information about the deficiencies affecting the prison and thus “a real risk of inhuman or degrading treatment” for the appellant if he was detained there. In accordance with the second stage of the Aranyosi test, Beatson LJ requested the Portuguese authorities provide supplementary information within 28 days about the detention conditions Mr Mohammed would endure.

Alex Bailin QC was involved in this case.