The ELA is a growing international forum. We offer access to lawyers for people and foreign governments involved in extradition proceedings. We  organise training and conferences on extradition, and share with members a growing database of information about extradition law and practice, including national and international legislation and judgments. To register as a member of the ELA, please click here.

Members of the ELA receive regular e-mail updates of UK judgments and legislation. As the ELA expands, members will receive extradition judgments and legislation from abroad. 

Allen (21 July 2010) - bailii link to Allen v HM Advocate [2010] ScotHC HCJAC 74 (Scottish High Court of Justiciary)

[1] Extradition ordered - EAW subsequently found to be in error - replaced - proceedings commence again - [2] section 14 - passage of time - EU members states - assumption of ECHR compliance - Symeou - Gomes - no culpable delay - time to be considered - from defendant's departure from Germany to time of hearing - not future delay - confusion with Article 6 ECHR reasonable time guarantees not helpful - Tripliss - Campbell - Trajer - Kakis - focus on effect of delay - death of victim - missing witnesses - not established that victim or witnesses capable of supporting defence - injustice not established - living more stable life since arrival in UK - re-establishing contact with child - oppression not established - [3] Article 6 ECHR - missing evidence complaints more properly considered under Article 6 ECHR - speculative - matters for the Requesting State - Falanga - only possible to overcome assumption of ECHR compliance with compelling evidence - Ruiz - Hilali - [3] Article 8 ECHR - no striking or unusual features - [4] devolution minutes - defendant not speaking German - presumption that interpreter will be provided by trial court

Isakov (8 July 2010) - bailii link to Isakov v Russia (2010) (App No. 14049/08) (European Court of Human Rights; First Section) / Yuldashev (8 July 2010) - bailii link to Yuldashev v Russia (2010) (App. No. 1248/09) (European Court of Human Rights; First Section)

Extradition to Uzbekistan - [1] Article 35 ECHR - extradition order not yet enforced - whether victim status - not stayed indefinitely or deprived of legal effect - Shamayev - [2] violation of Article 3 ECHR - Mamatkulov - date of court's consideration of case is material date for assessment of risk - present conditions decisive - Chahal - pervasive and enduring problem in Uzbekistan - no evidence of fundamental improvement - personal situation - charged with politically motivated crime - serious risk of ill-treatment - diplomatic assurances not reliable guarantee where ill-treatment is endemic or persistent - [3] violation of Article 5.1(f) ECHR - detention pending decision on extradition - not confirmed by Russian court - no time limit for detention set - not in accordance with domestic law - Russian domestic extradition law sufficiently accessible, clear or precise - not circumscribed by adequate safeguards against arbitrariness - Nasrulloyev - Ismoilov - Khudyakova - at time of arrest and detention issue of citizenship unresolved - unambiguous exclusion of extradition of own  nationals - Garabayev - [4] violation of Article 5.4 ECHR - lawfulness of detention of reviewed - denied standing to argue - Nasrulloyev - Ryabikin - [5] violation of Article 13 ECHR - irreversible harm of extradition to face Article 3 violation - independent and rigorous scrutiny of Article 3 complaint required - Shamayev - Cahaus - reliance on diplomatic assurance - no detailed examination of claim - Russian law not provide for suspension of enforcement - Muminov - no separate issue under Article 5 ECHR

Ahmad (6 July 2010) - bailii link to Ahmad, Aswat, Ahsan & Mustafa (aka. Abu Hamza) v United Kingdom (App. Nos. 24027/07, 11949/08 & 36742/08) (European Court of Human Rights; Fourth Section)

[1] designation as enemy combatants - [2] extraordinary rendition - [3] death penalty - [4] Special Administrative Measures - [5] SuperMax prison conditions - [6] length of prospective sentence - [7] use at trial of evidence obtained by Article 3 proscribed treatment - [8] pre-trial publicity - [9] public designation by government as international terrorist - [10] risk of coercive plea bargaining  - [11] delay  [12] Article 8 ECHR - [13] - failure of DPP to consider UK prosecution - [14] abrogation of requirement to show prima facie case

Harazin (24 June 2010) - bailii link to - Harazin v HM Advocate [2010] ScotHC HCJAC 65 (Scottish High Court of Justiciary)

[1] section 2(6) - particulars of any other warrant - Louca - Ruiz - Dabas - Armas - Article 8.1(c) Framework decision - particulars of enforceable judgment required - EAW contains reference to domestic judgements - no evidence to establish existence of further undisclosed warrant in Requesting State which would provide basis for summonsing defendant to prison to serve sentence - if such a warrant had been shown to exist, court inclined to view that would not have affected validity in any event - [2] section 65(3) - Zak - equivalence of ingredients of offence not required - elements of UK offence may be subject of inference from request and supplemental information from Requesting State - defendant's evidence to District Judge regarding facts of offence irrelevant - [3] Article 3 ECHR - Polish prison conditions - Engler - Kropiwnicki - no violation of Article 3 ECHR

Dabkowski (24 June 2010) - Dabkowski v District Court in Gorzow [2010] EWHC 1712 (Admin)

Appeal heard by single judge - former police officer - whether adequate protection from violence available in prison system of Requesting State - matter for Requesting State - KRS - extradition to a category 1 territory cannot in principle violate Articles 2 or 3 ECHR under section 21 -  save in circumstances where constitutional order overthrown - if that statement of principle too rigid, then the court applies an assumption of good faith and ECHR compliance - absent cogent evidence to the contrary - Kotwa

The ELA is pleased to recieve judgments from other countries thought to be of interest to ELA members 

Alexander (9 April 2010) - link to Alexander v The Minister of Justice [2010] SA/2008 (Supreme Court of Namibia)

[1] provisional arrest - appearance before magistrate - full request subsequently received - Authority to Proceed (ATP) - conduct of committal proceedings not restricted to judge conducting provisional arrest proceedings - [2] ATP - required to be directed to single magistrate - committal proceedings must be conducted by magistrate named in ATP - if magistrate unavailable, further ATP required - [3] statute prohibiting grant of bail post-committal - consideration of constitutionality not academic pending committal - statute unconstitutional - Spilsbury - Article 5 ECHR - provides substantive protection to individual - Conka - Winterwerp - Bozano - AS (Somalia) - Hilali