Arain, R (on the application of) v Government of Germany & Anor

Arain, R (on the application of) v Government of Germany & Anor

The appellant's extradition is not disproportionate under Article 8 ECHR; the schedule attached to the extradition order does not permit prosecution for non-extradition offences; Germany is bound by the rule of speciality and there is no evidence it will breach it; the conduct alleged constitutes extradition offences under UK law.

Parties
Claimant: Mohammed Yousef Arain; First Defendant: Government of Germany; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Extradition Appeal / High Court Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Offences, Rule of Speciality, Article 8 ECHR, VAT Fraud, Dual Criminality
Criminal Law Extradition Law Human Rights Law Extradition Offences Rule of Speciality Article 8 ECHR VAT Fraud Dual Criminality

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Parties

Mohammed Yousef Arain

Claimant

Government of Germany

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Extradition Appeal / High Court Appeal Against Extradition Order

Legal Issues

  1. 1 Whether the conduct alleged constitutes extradition offences under UK law
  2. 2 Compatibility of extradition with Article 8 ECHR (right to family life)
  3. 3 Adequacy of speciality arrangements to prevent prosecution for non-extradition offences

Ratio Decidendi

The appellant's extradition is not disproportionate under Article 8 ECHR; the schedule attached to the extradition order does not permit prosecution for non-extradition offences; Germany is bound by the rule of speciality and there is no evidence it will breach it; the conduct alleged constitutes extradition offences under UK law.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • Costs awarded: £500 to Secretary of State, £600 to Government of Germany