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DF v Germany judgment – extradition order overturned in allegation of grievous bodily harm

Published:

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James Stansfeld instructed by Russell Nicholson and Tuckers Solicitors successfully represented DF, whose extradition was ordered to Germany to face prosecution for allegedly causing grievous bodily harm to a prostitute in 2002.

DF was identified as a suspect following a DNA match in June 2020. DF’s sister, CG, has four disabled children, all suffering various degrees of developmental difficulties. DF is the children’s guardian and he co-parent’s with his sister. In finding that the District Judge was wrong to conclude that extradition was not oppressive under the passage of time, Murray J held that in the 18 years that had elapsed, DF’s life had radically changed and he had assumed heavy co-parenting obligations. The “exceptionally severe impact” on the children combined with the delay rendered extradition oppressive and a disproportionate interference with his, his sisters, and the children’s rights under article 8 ECHR. In reaching his conclusion under article 8, Murray J placed weight on the absence of any evidence that the local authority or family network “could come close to replacing the level of care that DF currently provides”.

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