Albanian extradition appeal allowed: Exceptional facts justified refusal to extradite

The High Court has overturned the extradition of an Albanian national, wanted to serve a prison sentence for the supply of drugs. The court accepted the submissions of Mary Westcott that to extradite would result in exceptionally severe consequences for the Appellant’s wife (‘AD’) and her unborn child. 

AD had been abducted from Albania and forced into sexual slavery where she was repeatedly raped.  In her evidence, AD described being moved from country-to-country and held in a drug-induced stupor to prevent her escape. Eventually, her captors forgot to readminister the drugs and she was able to flee to the UK where she was granted asylum. 

AD was so traumatised by her experience, that once in the UK, she was too afraid even to leave her room alone. An expert psychologist, who found AD suffered from severe PTSD, concluded that her relationship with the Appellant was a lifeline of support and security, without which she would be at very high risk of serious self-harm, including suicide.

Moreover, given her traffickers’ links to Albania, there were no circumstances whatsoever in which AD would consider ever returning to that country, even to visit her husband in prison.

During the appeal case, AD became pregnant which added a further layer of vulnerability and increased her reliance upon her husband.

Following full argument, the Court agreed with Mary Westcott’s submissions about a) errors made at first instance [58-63] and b) the decisive nature of fresh appeal material [64-68].   

District Judge Zani had been wrong to overlook the expert psychologist’s clear view about how ‘devastating’ extradition would be for AD; his reasoning suggested a failure to properly consider the expert’s answers during cross examination.  

 AD was mostly estranged from her family, who, upon learning of her being trafficked into sexual slavery, had cut all ties. Her main UK-based family was a cousin. Yet his children had been placed into foster care following his conviction and imprisonment for child cruelty. In any case, the expert evidence was clear that AD’s PTSD therapy would be ineffective in an unstable environment, while there were serious concerns for the welfare of her unborn baby.

In allowing the appeal, Julian Knowles J found that whatever family support for AD there may be, ‘this can be no substitute for the support that only a loving spouse or partner can bring, and certainly not in the case of someone who is as vulnerable as AD plainly is’ [63].

The judge also agreed that whatever the circumstances of conception, the Appellant’s unborn child was still ‘a primary consideration’ who would be ‘significantly affected’ if AD were a single parent given ‘her serious and ongoing mental health difficulties’ [68]. 

In HK v Albania, Counsel were Malcolm Hawkes, who acted at first instance and secured leave to appeal, and Mary Westcott. They  were instructed by Robert Katz of Hollingsworth Edwards Solicitors.