Successful challenge to Portugal’s second attempt at obtaining extradition under Articles 8 & 3 ECHR

James Stansfeld, instructed by Russell Nicholson of Lawrence & Co, successfully challenged Portugal’s second attempt at extraditing Mr Mohammed, who had been discharged from extradition in 2018 on Article 3 grounds. In his judgment, DJ Curtis ordered Mr Mohammed’s discharge under Article 8, but, importantly, also accepted the submission that in light of the 2023 CPT Report, the 2018 Declaration did not meet the Article 3 risk prevalent in Lisbon Central Prison. He declined to seek further information on Article 3 from the Judicial Authority because they had been aware of the issues and because of his decision to discharge under Article 8. The Portuguese authorities are not appealing the decision.