Shmatko v The Russian Federation

Shmatko v The Russian Federation

Mr Shmatko's extradition is barred due to a very strong probability that he would be held in conditions violating Article 3 ECHR, compounded by the absence of effective independent monitoring of prison conditions in Penza. Assurances given by the Russian Federation are not credible or verifiable, and recent legislative changes have undermined independent prison monitoring.

Parties
Appellant: Alexey Shmatko; Respondent: The Russian Federation
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Extradition Appeal / Appeal Judgment
Outcome
Appeal allowed; Appellant discharged.
Legal Topics
Extradition, Prison Conditions, Article 3 ECHR, Article 6 ECHR, Judicial Corruption, Political Persecution
Criminal Law Human Rights Law International Law Extradition Prison Conditions Article 3 ECHR Article 6 ECHR Judicial Corruption +1 more

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Parties

Alexey Shmatko

Appellant

The Russian Federation

Respondent

Procedural Posture

Extradition Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether extradition is barred due to prison conditions violating Article 3 ECHR
  2. 2 Whether extradition is barred due to extraneous considerations (political opinion)
  3. 3 Whether extradition would result in a flagrant denial of justice (Article 6 ECHR)

Ratio Decidendi

Mr Shmatko's extradition is barred due to a very strong probability that he would be held in conditions violating Article 3 ECHR, compounded by the absence of effective independent monitoring of prison conditions in Penza. Assurances given by the Russian Federation are not credible or verifiable, and recent legislative changes have undermined independent prison monitoring.

Court Disposition

Appeal allowed; Appellant discharged.

Orders

  • Mr Shmatko's extradition to the Russian Federation is barred.
  • Appellant is discharged.