Uckac & Anor v Government of the Republic of Turkiye (Rev1) [2024] EWHC 3055 (Admin) (28 November 2024)

Uckac & Anor v Government of the Republic of Turkiye (Rev1) [2024] EWHC 3055 (Admin) (28 November 2024)

The court held that extradition could only proceed if effective assurances were provided to eliminate the real risk of Article 3 ECHR breaches due to prison conditions. The assurances must guarantee minimum personal space, provide for monitoring and reporting of breaches, and address the possibility of transfer for security or disciplinary reasons by ensuring equivalent conditions and timely notification to UK authorities.

Citation
[2024] EWHC 3055 (Admin)
Parties
Appellant/requested Person: Erdinc Uckac; Appellant/requested Person: Aykut Sahin; Respondent/requesting State: The Government of the Republic of Türkiye
Jurisdiction
England and Wales
Judgment Date
28 November 2024
Procedural Posture
Extradition Appeal / Post Judgment Directions and Further Assurances
Outcome
Stay continued pending receipt of amended and further assurances
Legal Topics
Article 3 ECHR, Prison Conditions, Diplomatic Assurances, Reporting Breaches, Personal Space in Detention
Extradition Human Rights Article 3 ECHR Prison Conditions Diplomatic Assurances Reporting Breaches Personal Space in Detention

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Parties

Erdinc Uckac

Appellant/requested Person

Aykut Sahin

Appellant/requested Person

The Government of the Republic of Türkiye

Respondent/requesting State

Procedural Posture

Extradition Appeal / Post Judgment Directions and Further Assurances

Legal Issues

  1. 1 Whether extradition to Türkiye would breach Article 3 ECHR due to prison conditions
  2. 2 Adequacy and reliability of diplomatic assurances regarding detention conditions
  3. 3 Obligations and mechanisms for monitoring and reporting breaches of assurances

Ratio Decidendi

The court held that extradition could only proceed if effective assurances were provided to eliminate the real risk of Article 3 ECHR breaches due to prison conditions. The assurances must guarantee minimum personal space, provide for monitoring and reporting of breaches, and address the possibility of transfer for security or disciplinary reasons by ensuring equivalent conditions and timely notification to UK authorities.

Court Disposition

Stay continued pending receipt of amended and further assurances

Orders

  • The Government of Türkiye must provide the amended and further assurances as specified within 21 days of the judgment.
  • The Crown Prosecution Service must respond within 21 days of the date of the handing down of the judgment.