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10 September 2009
Issue: 7384 / Categories: Case law , Law digest
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Extradition

R (on the application of Bary and another) v Secretary of State for the Home Department [2009] EWHC 2068 (Admin), [2009] All ER (D) 59 (Aug)

In assessing whether in ordering extradition there would be a real risk of violation of Art 3 of the European Convention on Human Rights, the following principles were relevant and ought to be borne in mind:

(i) the test was a stringent one and the burden of proof was on the extraditee; (ii) the extraditee should not be extradited unless the safeguards that s/he would enjoy in the requesting state were as effective as the convention standard;
(iii) it was a matter for the requesting authority where and in what circumstances they detained extraditees both pre-trial and post-conviction; (iv) the importance of international co-operation and maintaining treaty obligations was an important factor;
(v) it was essential to focus on what was likely to happen to an extraditee in his/her particular circumstances;
(vi) punishment that would be regarded as inhuman or degrading in the domestic field would not necessarily be so regarded where the

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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