Human rights

An issue might exceptionally be raised under Art 6 of the European Convention on Human Rights by an extradition decision in circumstances where the fugitive had suffered or risked suffering a flagrant denial of a fair trial in the requesting country.

As with cases under Art 3, where the removal had already taken place, the existence of the risk of a flagrant breach of Art 6 would have to be assessed primarily with reference to those facts which were known or ought to have been known to the contracting state at the time of removal, although the court was not precluded from having regard to information which came to light subsequently.