Extradition

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Overview

Within the broader Doughty Street Team is The Extradition Team. The DSC Extradition Team has an unrivalled reputation for appearing in extradition cases involving issues of fundamental human rights. Members of the team have appeared in many of the leading extradition cases before the House of Lords, Supreme Court, Privy Council, High Court and Magistrates' Court, as well as in courts in Northern Ireland, Hong Kong, Singapore, the Caribbean and around the world.

Recent high-profile extradition cases include Julian Assange (Wikileaks), McKinnon v USA, Serbia v Ganic, USA v Tappin, Gary Mann v Portugal, Barry & Al-Fawwaz v SSHD, Symeou v. Greece, Gomes v Trinidad and Tobago and Norris v USA (in which members of the team acted for Liberty as interveners before the Supreme Court).

As well as appearing on behalf of persons contesting extradition, members of the team have appeared on behalf of governments and judicial authorities of over 30 countries.

Members of the Extradition Team also publish books and articles in this area, including the Extradition Law Handbook published by Oxford University Press and the Extradition Law Reports (Southside Legal Publishers).

Team Members

Cases

Recent representative cases include:-

• Gary McKinnon v SSHD and DPP - [2009] EWHC 2021 (Admin) (computer hacker suffering from Asperger's syndrome who is fighting extradition to the USA)
  
  
• R (on the application of Gary Mann) (Claimant) v (1) Westminster Magistrates' Court(2) SOCA (Defendants) & Judicial Tribunal of Albuferia, Portugal (Interested Party) [2010] EWHC 48 (Admin)
  
  
• Rwanda v Ugirashebuja and Ors [2009] EWHC 770 (Admin) - Mr Ugirashebuja who is wanted in Rwanda for genocide. Extradition refused because of the risk of a flagrant denial of justice upon return to Rwanda
  
  
• Norris v USA - application of Article 8 of the ECHR to extradition cases
  
  
• Gomes v Goodyer and Government of Trinidad and Tobago (House of Lords) [2009] 1 WLR 1038 - whether delay and prison conditions in Trinidad were such as to render return oppressive and/or in breach of Article 3 ECHR
  
  
• R (Bary and Al Fawwaz) v. Secretary of State for the Home Department [2009] EWHC 2068 (Admin) - Extradition to the USA for alleged participation in a conspiracy to murder US citizens, US diplomats and other internationally protected persons in relation to 1998 bombings US embassies in Nairobi and Dar Es Salaam - whether conditions in "Supermax" federal prison constitute inhuman or degrading treatment or punishment - whether fair trial possible where defendant designated by US President as a global terrorist
  
  
• Russian Federation v Izmailov & Mikhaylyuk - Extradition Judge, Horseferry Road) (2008): Article 6 bar to return to Russian Federation to face fraud charges
  
  
• Spain v El Banna and Deghayes - Extradition Judge, Horseferry Road) (2008): Abuse of process in extradition request; complicity in rendition; Article 3 & Article 6 bar to proceedings
  
  
• Navadunskis v Serious Organised Crime Agency [2009] EWHC 1292 (Admin) - Extradition to Lithuania - Judicial Review of SOCA's "decision" to remove extraditee after withdrawn appeal - Interaction of extradition and asylum law - remedies available where statutory appeal cannot be re-opened under CPR 52.17
  
  
• Louca v. A German Judicial Authority (Supreme Court) [2009] UKSC 4 - Extradition to Germany - whether an EAW needs to refer to other EAWs issued for the same offence
  
  
• Romanowski v Regional Court of Lublin, Poland [2009] EWHC 2878 (Admin) - Extradition to Poland - reference in EAW to fact of breach of bail - whether EAW sought extradition for offence of breach of bail
  
  
• Sciezka (No. 2) v Sad Okregowy, Kielce, Poland [2009] EWHC 2748 (Admin) Extradition to Poland - Passage of time - trial in absence - respect for first instance findings of fact)
  
  
• Sciezka v Sad Okregowy, Kielce, Poland [2009] EWHC 2259 (Admin) - Extradition to Poland - Validity of filing and serving unstamped notice of appeal
  
  
• Farnesi and Fawaz v Court of Livorno [2009] EWHC 1199 (Admin) - Extradition to Italy - whether EAWs sufficiently particularised and whether extradition compatible with human rights
  
  
• Trenk v District Court in Plzen-Mesto [2009] EWHC 1132 (Admin) - Extradition to Czech Republic - appellant discharged on basis that it was unclear whether his extradition was sought as an accused person or merely for questioning
  
  
• Moulai v Director of Public Prosecutions of Creteil France [2009] EWHC 1030 (Admin) - Extradition to France - Conviction in absence - whether EAW a conviction or accusation EAW - whether EAW sufficiently particularised
  
  
• Spanovic v. Government of Croatia [2009] EWHC 723 (Admin) - Extradition to Croatia for war crimes - passage of time, psychiatric condition and extraneous circumstances - Articles 5, 6 , 8 and 14 of the ECHR
  
  
• Symeou v. Public Prosecutor's Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin) - Extradition to Greece - abuse of process based on misconduct by Greek police
  
  
• Hutton v Government of Australia [2009] EWHC 564 (Admin) - Extradition to Australia - psychiatric condition
  
  
• Kalniets v District Court of Ogre [2009] EWHC 534 (Admin) - Extradition to Latvia - admissibility of fresh evidence in statutory appeal to High Court
  
  
• Mucelli v Government of Albania/ Moulai v Deputy Public Prosecutor in Creteil, France (House of Lords) [2009] 1 WLR 276, [2009] UKHL 2 - Extradition to Albania and France - Court's jurisdiction to vary time-limits for serving notices of appeal
  
  
• Kwietniewski v Circuit Court in Tarnobrzeg Poland [2008] EWHC 3121 (Admin) - Extradition to Poland - psychiatric condition and suicide risk
  
  
• Louca v. The Office of Public Prosecutor in Bielefeld, Germany [2008] EWHC 2907 (Admin), The Times, 10 December 2008) - Extradition to Germany - whether an EAW needs to refer to other EAWs issued for the same offence
  
  
• Olah v Regional Court in Plzen Czech Republic [2008] EWHC 2701 (Admin) - Extradition to the Czech Republic - District Judge refusing an adjournment - availability of judicial review in extradition proceedings
  
  
• Bogdani v Albanian Government [2008] EWHC 2065 (Admin) - Extradition to Albania - rights of re-trial where conviction in absence
  
  
• Moulai v Director of Public Prosecutions of Creteil France [2008] 1 WLR 2460, [2008] 3 All ER 226, [2008] EWHC 1024 (Admin) (Extradition to France - Court's jurisdiction to vary time-limits for serving notices of appeal)
  
  
• R (on the application of Hilali) v Secretary of State for the Home Department [2008] EWHC 905 (Admin) - Extradition to Spain - whether undetermined asylum claim is a bar to extradition to a third state
  
  
• Wiercinski v. The 2nd Division of the Criminal Circuit in Olsztyn, Poland [2008] EWHC 200 (Admin) - Extradition to Poland - whether extradition may be ordered where aggregate sentence imposed for offences which include a non-extradition offence
  
  
• George Taylor v USA [2009] EWHC 1020 (Admin)
  
  
• Makhlay and Makarov v Republic of Russia, Unreported
  
  
• Liam Campbell v Republic of Lithuania (ongoing extradition case in Belfast Crown Court)
  
  
• District Court of Michalovce, Slovakia v Juraj Badi [2008] EWHC 2913 (Admin) - in which the Divisional Court upheld the ruling of the Magistrate to refuse to order extradition because Mr Badi would not be entitled to a retrial if returned to Slovakia - s.20(5) Extradition Act 2003. The Slovakian authorities are now seeking leave to appeal to the House of Lords
  
  
• Spain v Jose Ignacio de Juana Chaos [2008] - defendant fighting his extradition to Spain
  
  
• USA v Raissi [2007] EWHC 243 (Admin) - whether ex gratia payments should be made to Algerian pilot falsely accused of involvement in the September 11th hijackings
  
  
• La Torre v Italy [2007] EWHC 1370 (Admin) - extradition to Italy of an alleged member of a Mafia/Camorra association
  
  
• Da An Chen v. Romania [2006] EWHC 1752 (Admin) - Whether the defendant's extradition was barred by the passage of time or by the fact that he was tried and sentenced in absentia, and had not deliberately absented himself from his trial
  
  
• Babar Ahmad and Haroon Rashid Aswat v. USA [2006] EWHC 2927 (Admin) - High profile extradition case involving defendants accused of taking part in terrorist activities. These cases were the first of their kind under the Extradition Act 2003, dealing, among other matters with potential detention at Guantanamo Bay, rendition and Special Administrative Measures
  
  
• Knowles v USA [2006] UKPC 38 (Privy Council) - right to bail in extradition cases
  
  
• Piotrowski v Poland [2007] EWHC 1982 (Admin), 2007 WL 2425669: Unfairness caused by passage of time, fair trial; Polish authority challenged the defendant's discharge by the DJ on 4 charges & challenged the guideline authority on prejudice arising out of delay

What the Directories say

Chambers & Partners, 2011

John Jones is admitted to practise law in the District of Columbia, USA and the Kingdom of Cambodia, as well as the UK. He is noted for being "extremely hard-working and diligent." Ben Cooper has been in a number of important extradition cases recently. These include a case concerning an alleged plot to bomb New York and India v Patel, a matter relating to the terrorist bombing of railway stations.

Chambers and Partners, 2010

Joint head of the chambers and leader of the set's extradition team, Edward Fitzgerald QC is "top-class and a guarantee of excellence." He has recently been acting in the McKinnon case and in Rwanda v Ugirashebuja and Others, concerning an individual who is wanted in Rwanda for genocide. Solicitors note that he has "a huge knowledge base and great attention to detail." He is also known for applying the "utmost dedication" to his cases.

The recently recruited Ben Cooper further stregthens this set. He has established himself as aleading junior in extradition matters.

Legal 500, 2010

Ben Cooper is 'an up-and-coming extradition barrister'.

 

Legal 500, 2009

Doughty Street Chambers 'provides true strength and depth' in criminal defence.

Edward Fitzgerald QC is on the silk shortlist for complex extradition; he appeared in Rwanda v Ugirashebuja.

Ben Cooper also specialises in extradition. Proceeds of Crime Act guru Richard Fisher is highly recommended.

Chambers & Partners, 2009

Edward Fitzgerald QC is identified as a leader in the field in London (Band 1)

Ben Cooper and John R.W.D. Jones have also been listed as "Up and coming"