The US government has succeeded in its judicial review against a decision to bar the extradition of a doctor accused of child rape.
In January, Westminster magistrates held that Tobias Bowen’s Art 5 right to liberty under the European Convention on Human Rights (ECHR) would be at risk if he were extradited. New York state law provides for “civil commitment” of sexual offenders after they complete their sentence if they are considered still dangerous and suffering from a predisposition to repeat sexual offending.
Bowen, who has joint US/Liberian citizenship, was tracked by detectives working with the US Marshals Fugitive Task Force to the Netherlands and then to Heathrow Airport, where he was taken into custody.
Allowing the appeal, in Government of the US v Tobias Bowen [2015] EWHC 1873 (Admin), Lord Justice Burnett said: “We are satisfied that the New York process by which a civil commitment order may be made under Art 10 would be consistent with Art 5 ECHR if enacted in an ECHR state.
“In concluding that the Art 10 process could lead to the commitment of someone who was not of ‘unsound mind’ within the meaning of Art 5.1(e) the judge placed too much weight on the opinions of [an expert for the respondent] and gave insufficient attention to the strict requirements of Art 10… The New York law provides that before such a finding can be made there is a proper assessment and review of the offender by mental health professionals and psychiatrists.”
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