High Court dismisses appeal against extradition orders under Article 3 of the European Convention on Human Rights
Henriques v Judicial Authority of Portugal  EWHC 1998 QB (Admin)
- Related Member(s):
- Mark Summers QC
- Related Practice Area(s):
- Extradition and Mutual Assistance, Human Rights
- High Court, Queen's Bench Division (Divisional Court)
The Claimant appealed against two extradition orders to Portugal sought by two Judicial Authorities pursuant to two European Arrest Warrants.
The Claimant resisted extradition on the basis that prison conditions in Portugal were such that, especially in light of his state of health, his extradition would be incompatible with the European Convention on Human Rights, art 3 and that extradition would be oppressive on account of his health under the Extradition Act 2003, s25.
The Court dismissed the appeal. Taking into account the threshold presumption for medical care in prisons in extradition cases and assurances given by the Director General of Prisons, the court was satisfied that Portugal will provide care and treatment to the Claimant which are in accord with the requirements of the ECHR, art 3.
Mark Summers QC was involved in this case.