Systemic Human Rights Violations Block Extradition

16.04.12 | |

Ben Cooper and Edward Grange of Sonn Macmillan Walker have secured the discharge of 'X' following a request for his extradition from the Republic of the Gambia. The defence succeeded in establishing that notwithstanding the presumption of good faith and the claimed existence of due process, the sheer volume of repeated concerns could not be dismissed as isolated but widespread in the Gambia. The Judge ruled that Articles 2 (Right to life), 3 (Right not to be tortured or subjected to ill-treatment), 5 (Right to liberty), 6 ( Right to a fair trial), and 8 (Right to private life) would be violated if X was returned. The Judge specifically found that 'I am driven to conclude, on the evidence adduced, that Article 6 fair trial procedures, including judicial impartiality and an available (competent) lawyer, free to act in the best interests of his/her client, cannot be assured indeed that there is a very significant risk such safeguards will not be honoured. Similarly that (whether pre trial or if convicted post trial) detention will be in conditions that fall foul of Article 3 ECHR.

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