Practice and Procedure

R (on the application of (1) ADEL ABDUL BARY (2) KHALID AL FAWWAZ) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2009)

PUBLISHED August 7, 2009
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[2009] EWHC 2068 (Admin)

Extradition to the United States of America of two men suspected of involvement with terrorist activities did not constitute a breach of either man's rights under the European Convention on Human Rights 1950 art.3 in respect of the likely conditions of their detention in prison pending trial and post conviction in the US. The court also derived a number of principles from authorities relating to what would be material when assessing whether, in ordering the extradition of fugitives to the US, there would be a real risk of a violation of art.3.

DC (Scott Baker LJ, David Clarke J)

07/08/2009

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