Judicial review challenging Home Secretary’s facilitation of the death penalty


The High Court is today hearing a judicial review challenge to the lawfulness of the Home Secretary’s decision to provide evidence to the United States of America in support of a potential capital prosecution, without seeking an assurance that the US would not impose or carry out the death penalty. The claimant contends that the death penalty itself (and its specific application in the US) is cruel, inhuman and degrading, and that it is unlawful under English law for the Home Secretary to knowingly facilitate the imposition of such treatment. The claimant also contends that the Home Secretary’s decision-making process was irrational, disregarded important relevant considerations and violated both the Human Rights Act 1998 and the Data Protection Act 2018.

Richard Hermer QC and Edward Craven are representing the claimant.

For media coverage of the case see here