Hilali v Governor of HMP Whitemoor & Ors

Hilali v Governor of HMP Whitemoor & Ors

The writ of habeas corpus must issue because the factual basis for the extradition order has been fundamentally undermined by the Spanish Supreme Court's ruling that the telephone intercept evidence is inadmissible. Without this evidence, the EAW does not disclose an extradition offence under section 64(3) or (4) of the Extradition Act 2003, and the applicant's continued detention is unlawful.

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
Judicial Review / Habeas Corpus / Judgment on Application for Writ of Habeas Corpus Following Exhaustion of Extradition Statutory Appeals
Outcome
Application for writ of habeas corpus granted; detention unlawful.
Legal Topics
Habeas Corpus, European Arrest Warrant, Extradition Act 2003, Article 5 ECHR, Jurisdiction, Res Judicata, Evidentiary Requirements
Criminal Law Extradition Law Human Rights Law Habeas Corpus European Arrest Warrant Extradition Act 2003 Article 5 ECHR Jurisdiction +2 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

Judicial Review / Habeas Corpus / Judgment on Application for Writ of Habeas Corpus Following Exhaustion of Extradition Statutory Appeals

Legal Issues

  1. 1 Whether habeas corpus is available after completion of statutory extradition proceedings under the Extradition Act 2003
  2. 2 Whether the factual basis for the extradition order has been undermined by subsequent events
  3. 3 Whether continued detention is unlawful and in breach of Article 5 ECHR

Ratio Decidendi

The writ of habeas corpus must issue because the factual basis for the extradition order has been fundamentally undermined by the Spanish Supreme Court's ruling that the telephone intercept evidence is inadmissible. Without this evidence, the EAW does not disclose an extradition offence under section 64(3) or (4) of the Extradition Act 2003, and the applicant's continued detention is unlawful.

Court Disposition

Application for writ of habeas corpus granted; detention unlawful.

Orders

  • Writ of habeas corpus to issue; applicant to be released from detention.