Elashmawy v Court Of Brescia, Italy [2014] EW Misc B58 (EXTRADITION) (18 August 2014)

Elashmawy v Court Of Brescia, Italy [2014] EW Misc B58 (EXTRADITION) (18 August 2014)

The assurance provided by the Italian prison authorities is sufficiently specific and reliable to address Article 3 concerns; the defendant was present and represented at the relevant conviction hearing and had opportunity to call witnesses and give evidence, thus section 20 does not bar extradition; despite procedural deficiencies, the overall process did not amount to a flagrant denial of justice under Article 6 ECHR.

Citation
[2014] EW Misc B58 (EXTRADITION)
Parties
Requested Person: Mohamed Elashmawy; Judicial Authority: Court of Brescia, Italy
Jurisdiction
England and Wales
Judgment Date
18 August 2014
Procedural Posture
Extradition / Judgment on Extradition Request
Outcome
Extradition ordered
Legal Topics
European Arrest Warrant, Article 3 ECHR, Article 6 ECHR, Conviction in Absence, Prison Conditions, Fair Trial Rights
Criminal Law Human Rights Law Extradition Law European Arrest Warrant Article 3 ECHR Article 6 ECHR Conviction in Absence Prison Conditions +1 more

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Parties

Mohamed Elashmawy

Requested Person

Court of Brescia, Italy

Judicial Authority

Procedural Posture

Extradition / Judgment on Extradition Request

Legal Issues

  1. 1 Whether Italian prison conditions breach Article 3 ECHR
  2. 2 Whether conviction in absence and lack of right to re-trial bar extradition under section 20 of the Extradition Act 2003
  3. 3 Whether the trial process breached Article 6 ECHR fair trial rights

Ratio Decidendi

The assurance provided by the Italian prison authorities is sufficiently specific and reliable to address Article 3 concerns; the defendant was present and represented at the relevant conviction hearing and had opportunity to call witnesses and give evidence, thus section 20 does not bar extradition; despite procedural deficiencies, the overall process did not amount to a flagrant denial of justice under Article 6 ECHR.

Court Disposition

Extradition ordered

Orders

  • Extradition of Mohamed Elashmawy to Italy under section 21(3) of the Extradition Act 2003
  • Explanation of right to appeal given to defendant