The Government of Lithuania v AI

The Government of Lithuania v AI

The appeal was dismissed on the basis that the combination of AI's personal circumstances as a trafficking victim, her need for ongoing support and treatment, her secure accommodation, and her assistance to UK police created exceptional and compelling circumstances. These outweighed the interests of justice in extradition under Article 8 ECHR, making extradition disproportionate.

Parties
Claimant: The Government of Lithuania; Defendant: AI
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Extradition Appeal / Appeal From Discharge of Extradition Order
Outcome
appeal dismissed
Legal Topics
Extradition, European Arrest Warrant, Article 3 ECHR, Article 8 ECHR, Trafficking, Victims' Rights
Criminal Law Extradition Law Human Rights Law Extradition European Arrest Warrant Article 3 ECHR Article 8 ECHR Trafficking +1 more

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Parties

The Government of Lithuania

Claimant

AI

Defendant

Procedural Posture

Extradition Appeal / Appeal From Discharge of Extradition Order

Legal Issues

  1. 1 Whether extradition of AI to Lithuania would breach Article 3 ECHR due to risk of inhuman or degrading treatment
  2. 2 Whether extradition would disproportionately interfere with AI's Article 8 ECHR rights given her circumstances as a trafficking victim and her assistance to UK police

Ratio Decidendi

The appeal was dismissed on the basis that the combination of AI's personal circumstances as a trafficking victim, her need for ongoing support and treatment, her secure accommodation, and her assistance to UK police created exceptional and compelling circumstances. These outweighed the interests of justice in extradition under Article 8 ECHR, making extradition disproportionate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; extradition not ordered
  • Order for assessment under legal aid regulations granted to respondent's counsel