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Extradition: questions raised with France over prison conditions in EAW case

Related Member(s):
Alison Macdonald QC
Related Practice Area(s):
Human Rights, Extradition and Mutual Assistance

The Divisional Court has posed a series of detailed questions for the French authorities in relation to prison conditions in the Paris region.

In Shumba, Bechian and Henta v France [2018] EWHC 1762 (Admin), Singh LJ and Carr J held that, on the evidence, “there may be substantial grounds for believing that the Appellants face a real risk of inhuman or degrading treatment if they are extradited”, particularly because of the serious overcrowding in the relevant prisons. Accordingly, following the procedure set out by the CJEU in Aranyosi, the Court raised a number of detailed questions relating to the conditions in which the Appellants would be held in France. The French authorities have until 7 September to respond.

This is the first time that France has been asked to provide information and assurances of this nature.

All three Appellants were represented by Alison Macdonald QC, along with Saoirse Townshend for Mr Shumba and Emilie Pottle for Mr Bechian and Mr Henta.