Hilali v Governor of HMP Whitemoor & Ors [2007] EWHC 939 (Admin) (25 April 2007)

Hilali v Governor of HMP Whitemoor & Ors [2007] EWHC 939 (Admin) (25 April 2007)

Habeas corpus is available after completion of statutory extradition proceedings in exceptional circumstances where the factual basis for detention is fundamentally undermined. The exclusion of telephone intercept evidence and the acquittal of Yarkas mean the EAW no longer contains sufficient particulars of conduct to support an extradition offence under s.64 of the Extradition Act 2003. The continued detention of the applicant is therefore unlawful and a writ of habeas corpus must issue.

Citation
[2007] EWHC 939 (Admin)
Parties
Claimant: Farid Hilali; First Respondent: Governor of HMP Whitemoor; Second Respondent: Central Court of Committal Proceedings No 5, The High Court, Madrid; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 April 2007
Procedural Posture
Application for Writ of Habeas Corpus / Post Extradition Order, Post Statutory Appeal, Application for Habeas Corpus
Outcome
Application allowed. Writ of habeas corpus granted.
Legal Topics
European Arrest Warrant, Habeas Corpus, Extradition Act 2003, Article 5 ECHR, Mutual Recognition of Judicial Decisions, Abuse of Process
Extradition Law Criminal Law Human Rights Law European Arrest Warrant Habeas Corpus Extradition Act 2003 Article 5 ECHR Mutual Recognition of Judicial Decisions +1 more

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Parties

Farid Hilali

Claimant

Governor of HMP Whitemoor

First Respondent

Central Court of Committal Proceedings No 5, The High Court, Madrid

Second Respondent

Secretary of State for the Home Department

Intervener

Procedural Posture

Application for Writ of Habeas Corpus / Post Extradition Order, Post Statutory Appeal, Application for Habeas Corpus

Legal Issues

  1. 1 Is habeas corpus available after completion of statutory extradition proceedings under the Extradition Act 2003?
  2. 2 Has the factual basis for the extradition order been fundamentally undermined by subsequent events, rendering continued detention unlawful?
  3. 3 Does the exclusion of telephone intercept evidence and the acquittal of a co-defendant invalidate the extradition order?

Ratio Decidendi

Habeas corpus is available after completion of statutory extradition proceedings in exceptional circumstances where the factual basis for detention is fundamentally undermined. The exclusion of telephone intercept evidence and the acquittal of Yarkas mean the EAW no longer contains sufficient particulars of conduct to support an extradition offence under s.64 of the Extradition Act 2003. The continued detention of the applicant is therefore unlawful and a writ of habeas corpus must issue.

Court Disposition

Application allowed. Writ of habeas corpus granted.

Orders

  • Applicant to be released from detention pursuant to the extradition order.