Hannah Hinton successfully applies for permission to appeal a decision that an individual could not be extradited to Lithuania on the grounds of Article 3 ECHR
11th December 2024
Hannah Hinton successfully applies for permission to appeal a decision that an individual could not be extradited to Lithuania on the grounds of Article 3 ECHR
In Lithuania v Michailov [2024] EWHC 3001 (Admin), the respondent was a Lithuanian national who, while present in the United Kingdom, was the subject of an ‘accusation warrant’ issued by the appellant. The warrant related to offences of causing non-serious bodily harm and a violation of public order while the respondent was in Lithuania.
Following proceedings in Westminster Magistrates’ Court the District Judge held that, while extradition could not be regarded as disproportionate under Article 8 ECHR, the application should be rejected under Article 3 ECHR. Although the appellant had provided assurances as to the conditions of the prison in which the respondent would be remanded (and, on conviction, eventually detained), these were of a ‘generic nature’ and did not address specific concerns regarding the respondent’s physical and mental health.
On application for permission to appeal the High Court held that the District Judge had acted irrationally, in particular when finding that the assurances were too generic but incapable of rectification. If the District Judge required more specific information on the conditions in which the respondent would be detained, he was entitled to seek it. The High Court’s judgment contains a useful analysis of healthcare in Lithuanian prisons, and in particular adjustments for wheelchair users.
Hannah Hinton represented the appellants at all stages of the proceedings, which are ongoing. You can find out more information about the case by reading the judgment of the High Court, available here.
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