The Government of Lithuania v AI [2010] EWHC 2299 (Admin) (28 July 2010)

The Government of Lithuania v AI [2010] EWHC 2299 (Admin) (28 July 2010)

The appeal was dismissed because the cumulative effect of AI's exceptional personal circumstances, her status as a trafficking victim, her ongoing assistance to UK police, her significant time already served, and the lack of necessity for her continued imprisonment in Lithuania made extradition a disproportionate interference with her Article 8 ECHR rights.

Citation
[2010] EWHC 2299 (Admin)
Parties
Claimant: The Government of Lithuania; Defendant: AI
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Extradition Appeal / High Court Appeal From Magistrates' Court Discharge
Outcome
Appeal dismissed
Legal Topics
Extradition Under European Arrest Warrant, Article 3 ECHR (prohibition of Torture), Article 8 ECHR (right to Private and Family Life), Victims of Human Trafficking, Conditional Release Breach
Criminal Law Human Rights Law Extradition Law Extradition Under European Arrest Warrant Article 3 ECHR (prohibition of Torture) Article 8 ECHR (right to Private and Family Life) Victims of Human Trafficking Conditional Release Breach

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Parties

The Government of Lithuania

Claimant

AI

Defendant

Procedural Posture

Extradition Appeal / High Court Appeal From Magistrates' Court Discharge

Legal Issues

  1. 1 Whether extradition of AI to Lithuania would breach Article 3 ECHR due to risk in prison
  2. 2 Whether extradition would disproportionately interfere with AI's Article 8 ECHR rights given her circumstances

Ratio Decidendi

The appeal was dismissed because the cumulative effect of AI's exceptional personal circumstances, her status as a trafficking victim, her ongoing assistance to UK police, her significant time already served, and the lack of necessity for her continued imprisonment in Lithuania made extradition a disproportionate interference with her Article 8 ECHR rights.

Court Disposition

Appeal dismissed

Orders

  • Discharge of AI confirmed
  • Order for assessment of legal aid costs granted to the defendant's counsel