Sutej v Governor HMP Holloway

Sutej v Governor HMP Holloway

The material before the court does not establish bad faith or an intention to disregard speciality protection by the Swiss Investigating Magistrate; therefore, the application for habeas corpus is dismissed.

Parties
Claimant: Ingrid Sutej; Defendant: Governor HMP Holloway
Jurisdiction
England and Wales
Judgment Date
03 March 2005
Procedural Posture
Judicial Review / Habeas Corpus / Second Application for Habeas Corpus Following Extradition Proceedings
Outcome
Application dismissed
Legal Topics
Habeas Corpus, Extradition Act 1989, Speciality Rule, Good Faith in Extradition, European Convention on Extradition
Criminal Law Extradition Habeas Corpus Extradition Act 1989 Speciality Rule Good Faith in Extradition European Convention on Extradition

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Parties

Ingrid Sutej

Claimant

Governor HMP Holloway

Defendant

Procedural Posture

Judicial Review / Habeas Corpus / Second Application for Habeas Corpus Following Extradition Proceedings

Legal Issues

  1. 1 Whether the Swiss Investigating Magistrate's conduct manifests bad faith justifying discharge under section 11(3)(c) of the Extradition Act 1989
  2. 2 Whether the speciality rule is being disregarded by the Swiss authorities

Ratio Decidendi

The material before the court does not establish bad faith or an intention to disregard speciality protection by the Swiss Investigating Magistrate; therefore, the application for habeas corpus is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for habeas corpus dismissed
  • Costs awarded to the respondent in the sum of £1,700