Malcolm is a renowned and highly-experienced extradition specialist who acts in complex and grave matters such as terrorism, murder and serious sexual offences. He has advised and acted in extradition cases from over 40 countries. Malcolm has particular experience with US and Russian extradition requests; he defended in the first US case involving a suspected member of Al Qaeda in the Arabian Peninsula.
He secured the discharge of a Chechen fighter, wanted to stand trial in Russia for murder on the grounds that there was a real risk he would suffer a flagrant breach of the right to a fair trial. The case is notable, as the man had fought extradition from Belgium to Russia and lost his appeal to the European Court of Human Rights: Zarmayev v Belgium (app. no. 35/10) 27 May 2014 The decision to allow his appeal in the UK, in effect, reversed the decision of the European Court.
He also secured the discharge of an alleged Italian terrorist, wanted for multiple offences of murder, armed robbery and other firearms offences on Article 6 grounds. Malcolm has won cases on the grounds of double-jeopardy, dual criminality, mistaken identity, torture and ill-treatment and the right to private and family life.
Malcolm advises on challenging INTERPOL Red Notices and those seeking to head-off extradition requests before a warrant has been issued. He advises on and drafts applications to the European Court of Human Rights.
Malcolm is ranked as a leading, Tier 1 junior in International Crime and Extradition in the Legal 500 Guide to the UK Bar 2017 where his work on US and Russian extradition cases is highlighted.
He is recognised as a leader in the field of extradition law by Chambers and Partners. Solicitors describe him as ‘exceptionally good’, ‘absolutely brilliant’ and he is singled out for his creativity, equanimity and fearlessness. Malcolm is noted for staying extremely calm but firm when under enormous pressure in court. He is described as a top notch advocate, being very creative in coming up with new points of law and commended for being very good with clients. Noted as a fearless advocate with superb knowledge in extradition matters, Malcolm is able to combine his legal expertise with his knowledge of the Russian language.
Prior to coming to the Bar, Malcolm worked for human rights organisations such as Human Rights Watch and Amnesty International as Russia/Belarus researcher in London, New York and Moscow. He helped uncover serious human rights violations on both sides during the second armed conflict in Chechnya and has published a number of reports on the dictatorship in Belarus.
Malcolm is Direct Access qualified.
Malcolm has acted and advised in cases from:
Australia, Austria, Albania, Azerbaijan, the Bahamas, Belgium, Bulgaria, Brazil, Cambodia, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Rwanda, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, the UAE and the USA.
Malcolm has enjoyed particular success in challenging extradition requests on the grounds of Article 8 (family life) and the rights of dependent family members. He also represents those accused of terrorism or terrorist-related conduct.
Malcolm is experienced in bringing technical challenges relating to the warrant itself, along with country-specific cases relating to prison conditions and Article 3. He has successfully challenged extradition requests on the grounds of double-jeopardy and dual criminality in requests from the USA and Ireland.
Additionally, he has developed expertise in cases involving those living with HIV and argument centred on the inadequacy of healthcare provision.
Reported appeal cases for the year October 2013 – October 2014:
Patel v Germany Divisional Court, 23 October 2014 VAT Carousel Fraud, s. 2 particulars
Bizunowicz v Poland Divisional Court  EWHC 3238 (Admin) Costs in extradition appeals
Nicolescu v USA  EWHC 3501 (Admin) Suicide risk, mental health and fair trial
Udvardy v Hungary  EWHC 3214 (Admin) Article 8 rights of the child (both parents facing extradition)
Supulnieks v Latvia  EWHC 3272 (Admin) Article 3, non-state actor reprisals, prisons, insufficiency of protection
Zibens v Latvia  EWHC 3196 (Admin) Article 3 suicide risk, prisons, sexual orientation
Starkings v Germany  EWHC 3220 (Admin) Article 8 and proportionality
Bardoshi v Albania Divisional Court  EWHC 2756 (Admin) Judicial corruption, prisons, blood feuds
Balodis-Klocko v Latvia  EWHC 2661 (Admin) HIV/HCV and inadequacy of treatment, Article 3 and Article 8
Kacailo v Latvia  EWHC 2327 (Admin) Child offender and proportionality
Jugan v Romania Divisional Court  EWHC 2203 (Admin) Police corruption and delay
Mulligan v Ireland  EWHC 2231 (Admin) Sufficiency of protection and Article 3
Sburatoru v Romania  EWHC 2333 (Admin) Mental health/suicide risk, rights of the child and proportionality
Motyl v Poland  EWHC 1756 (Admin) Double jeopardy
Engler v Poland  EWHC 1601 (Admin) Article 8
Czarnecki v Poland  EWHC 1289 (Admin) Suspended sentences, delay and Article 8
Rogalewicz v Poland  EWHC 1107 (Admin) Rights of the child
Antczak v Poland Divisional Court,  EWHC 1075 (Admin) Sex offenders and mandatory chemical castration and Article 3
Szerffel v Poland  EWHC 335 (Admin) Delay and fresh evidence
Jugan v Romania  EWHC 460 (Admin) Validity of SOCA certificates
Alexnin v Poland  EWHC 465 (Admin) Abuse of process, delay and proportionality
Ljungkvist v Sweden Divisional Court  A.C.D. 60; Child abduction and proportionality
Petkowski v Poland  EWHC 4709 (Admin) Delay and Article 8
Adamczyk v Poland  EWHC 4125 (Admin) Investigation v prosecution
Ode v Ireland  EWHC 3718 (Admin) Autistic and violent dependent; proportionality
Brodziak v Poland Divisional Court  EWHC 3394 (Admin) Speciality and aggregate sentences involving non-extradition offences
Garbowski v Poland  EWHC 3695 (Admin) Delay, fugitive offenders
Gorka v Poland  EWHC 3519 (Admin) Partner’s postnatal depression and proportionality
Ignaczak v Poland  EWHC 3104 (Admin) s. 2 particulars
Who Should Travel, Who Should Not, op-ed piece, The Moscow Times, Moscow 31 March 2006
Chechnya and the European Court: Ethics for lawyers, IHF, Moscow, September 2004 (co-author)
A Tribunal for Chechnya?, op-ed piece, The Moscow Times, Moscow, 31 March 2003
Denial of Justice, Launch Report, Russia Campaign, Amnesty International, London, October 2002
Russia/Chechnya: Failure to protect or punish, Amnesty International, London, January 2002
An Elegant Dictatorship?, in The EU and Belarus, ed. Ann Lewis, The Federal Trust, London 2002
Chechnya and impunity, letter to Guardian, December 2001
Belarus: The Mechanics of Repression: Presidential Elections, Article 19, London, May 2001
Russia/Chechnya: A Day of Slaughter in Novye Aldi, Human Rights Watch, New York, June 2000
Tough Words Are Not Enough Mr. Blair, op-ed piece, The Independent, London, April 2000
Republic of Belarus: Violations of Academic Freedom, Human Rights Watch, New York, July 1999
Belarus: A Self-imposed Isolation?, Netherlands Helsinki Monitor, The Hague, February 1999
Republic of Belarus: Turning Back the Clock, Human Rights Watch, New York, July 1998
Republic of Belarus: Crushing Civil Society, Human Rights Watch, New York, August 1997 (co-author)