Wright v Argentina

Wright v Argentina

The appellant established a real risk of being subjected to inhuman or degrading treatment if extradited to Argentina, due to systemic abuses in Argentinian prisons, lack of undertakings from Argentina, and unchallenged expert evidence. Extradition would therefore violate Article 3 ECHR. The Article 8 and Article 5 grounds did not independently justify refusal of extradition. The judicial review application was dismissed as unarguable.

Parties
Claimant/appellant: Lucy Wright (also known as Lucy Robertson); Defendant/first Interested Party: The Government of Argentina; First Defendant: Commissioner of the Metropolitan Police Force; Second Defendant: Director of Public Prosecutions; Second Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 March 2012
Procedural Posture
Extradition and Judicial Review / Appeal From Senior District Judge and Application for Judicial Review
Outcome
Appeal allowed on Article 3 ECHR ground; judicial review application dismissed.
Legal Topics
Extradition to Non ECHR Country, Article 3 ECHR (inhuman or Degrading Treatment), Article 8 ECHR (private and Family Life), Article 5 ECHR (right to Liberty and Security), Prison Conditions, Judicial Review of Prosecutorial Decisions
Extradition Law Human Rights Law Criminal Law Extradition to Non ECHR Country Article 3 ECHR (inhuman or Degrading Treatment) Article 8 ECHR (private and Family Life) Article 5 ECHR (right to Liberty and Security) Prison Conditions +1 more

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Parties

Lucy Wright (also known as Lucy Robertson)

Claimant/appellant

The Government of Argentina

Defendant/first Interested Party

Commissioner of the Metropolitan Police Force

First Defendant

Director of Public Prosecutions

Second Defendant

Secretary of State for the Home Department

Second Interested Party

Procedural Posture

Extradition and Judicial Review / Appeal From Senior District Judge and Application for Judicial Review

Legal Issues

  1. 1 Whether extradition to Argentina would violate Article 3 ECHR due to prison conditions
  2. 2 Whether extradition would violate Article 8 ECHR due to impact on private and family life and mental health
  3. 3 Whether extradition would violate Article 5 ECHR due to risk of excessive pre-trial detention

Ratio Decidendi

The appellant established a real risk of being subjected to inhuman or degrading treatment if extradited to Argentina, due to systemic abuses in Argentinian prisons, lack of undertakings from Argentina, and unchallenged expert evidence. Extradition would therefore violate Article 3 ECHR. The Article 8 and Article 5 grounds did not independently justify refusal of extradition. The judicial review application was dismissed as unarguable.

Court Disposition

Appeal allowed on Article 3 ECHR ground; judicial review application dismissed.

Orders

  • Order of 5 May 2010 by Senior District Judge set aside; extradition order quashed.
  • Appellant's application for judicial review dismissed.