No evidence that extradition to Portuguese prison would breach human rights
Duarte v The Comarca De Lisboa (A Portuguese Judicial Authority)  EWHC 2995 (Admin)
- Related Member(s):
- Mark Summers QC
- Related Practice Area(s):
- Crime and Regulatory Law, Extradition and Mutual Assistance
- Queen’s Bench Division (Administrative Court)
Whether an extradition was compatible with ECHR, arts 3, 8. Given that there was no evidence of a systemic problem affecting all parts of all Portuguese prisons, it was possible for the Portuguese authorities to detain the appellant in a prison that did not risk breaching his rights; and the principle of mutual trust requires this court to assume that the Portuguese authorities would do so. There was nothing in evidence that displaces that assumption.
Mark Summers QC was involved in this case.