Supreme Court lays down correct standard of proof for historic Article 6 violations in extradition cases


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Overturning a High Court decision that applied a ‘real risk’ standard of proof to past Article 6 violations in extradition cases, the Supreme Court has today ruled that (subject to an exception for cases involving the use of evidence obtained by torture) historic Article 6 violations (including allegations of bias or corruption against a trial judge) need in fact to be shown to be true on the balance of probabilities: Popoviciu (Respondent) v Curtea De Apel Bucharest (Romania) (Appellant) [2023] UKSC 39.

Mark Summers KC led for the Appellant Romanian Court.

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