After a relatively short time out of the news, Julian Assange was back making headlines again last week. His lawyers have asked Westminster Magistrates Court to withdraw the domestic arrest warrant that was issued for him when he failed to surrender himself to be extradited in 2012.
Since then he has taken refuge in the Ecuadorian Embassy, costing his friends and supporters the £200,000 they...Read More
Extradition is the formal process where one country asks another to return a person to stand trial or to serve a sentence. Under multilateral conventions and bilateral treaties, the UK has extradition relations with over 100 territories around the world.
What Is the Process?
The process is slightly different depending on whether the request comes from a European country that is part of the...Read More
The Guardian reported on Sunday that Turkish officials in London for meetings with the Prime Minister and other members of the Government are expected to raise the question of the extradition of a number of Turks wanted in connection with the failed 2016 coup.
A number of wanted persons are now said to be in the UK. This includes members of a group known in Turkey as the Fethullah Terrorist...Read More
An Interpol red notice is used to locate a person who is wanted for the purpose of extradition. There are in fact eight different coloured notices issued by Interpol, providing different information about people. A Red Notice is only issued when there is a valid national arrest warrant or other judicial warrant. It does not give the power to arrest someone, it simply informs other countries...Read More
The current crisis in Catalonia has produced an interesting extradition issue, involving the former Catalan leader Carles Puigdemont and his colleagues, some of whom have left Spain and taken refuge in Belgium; are all of the offences they are charged with actually extradition offences?
Puigdemont and his colleagues face a number of charges, including ‘rebellion’ and ‘sedition’, as well as...Read More
The consequences of the High Court decision in Grecu and others earlier this year are now being seen in other cases relating to Romanian prison conditions. In that case, the High Court ruled that extradition to Romania could only go ahead if the Romanian authorities were able to show that a requested person would be held in a cell with at least 3 square meters of space. This week, a Romanian...Read More
European Arrest Warrants (EAW) strictly speaking, have no operative value in England and Wales. Instead, we have the Extradition Act 2003 that allows one’s extradition to be acted on if there is a Part 1 or a Part 2 warrant. Part 1 warrants are presently only for EU territories and therefore EAWs are incorporated through the Act.
To qualify as a Part 1 warrant, section 2 of the Act must be...Read More
Criminal lawyers will be familiar with the term ‘Abuse of process’. To those unfamiliar with it, it is a situation where there is something so wrong and so unfair with a case that it should not be allowed to go ahead. It is not found in any legislation, and it doesn’t appear in the Extradition Act. However, the Courts in this country have decided that it is something that can be used in...Read More
FK v Stuttgart State Prosecutor’s Office
In our last e-alert, we reported on the case of Tarik Chadloui who is facing extradition to Spain. In his case, the Spanish Judicial Authority were able to adduce further evidence to cure deficiencies in the EAW. In September, the High Court considered a similar question in the case of FK v Stuttgart State Prosecutor’s Office, Germany. Except in this...Read More
Solicitor John Howey has secured the discharge of a Romanian client who was facing extradition under EAW (European Arrest Warrant). on the grounds that his extradition would breach his Article 3 Human Rights. This is the result of the High Court decision in Grecu and others.
In that case, the Court followed the decision of the European Court of Human Rights in Muršic v...Read More