header-logo header-logo

12 March 2010
Issue: 7408 / Categories: Case law , Law digest
printer mail-detail

Human rights

Al-Saadoon and another v United Kingdom [2010] ECHR 61498/08, 010] All ER (D) 37 (Mar)

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.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll