[2009] EWHC 2846 (Admin)
The extradition under a European arrest warrant of a foreign national who had been convicted in his absence in Italy complied with the European Convention on Human Rights 1950 art.6. Despite the fact that the matter of whether or not to order a retrial was at the discretion of the Italian judiciary, Italian law had to be interpreted in compliance with the Convention, and there were adequate assurances that the Italian courts would be compliant with the right to a fair trial.
DC (Pill LJ, Rafferty J)
11/11/2009