Extradition

On the basis of the correct legal test of a real risk of a flagrant denial of justice, there was real risk of a truly serious or flagrant denial of justice occasioned by the respondents’ extradition to Rwanda on various charges arising from the killings in 1994. The Divisional Court held that, in an authoritarian state, where judicial independence was institutionally weak and had been compromised in the past, and there was established fear by witnesses, the existing arrangements for defence were quite insufficient to ensure a reasonable fairness in the proceedings.