Igor Gisca v Prosecutor General of Trieste, Italy

Igor Gisca v Prosecutor General of Trieste, Italy

Permission to appeal is granted on grounds based on sections 14 and 21 as fugitivity and delay are arguable; permission to amend notice of appeal to revive section 20 ground is granted, but appeal as a whole is stayed pending Supreme Court decisions in Merticariu and Bertino.

Parties
Applicant: Igor Gisca; Respondent: Prosecutor General of Trieste, Italy
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Extradition Appeal / Application for Permission to Appeal and Related Applications
Outcome
Permission to appeal granted on sections 14 and 21; permission to amend appeal to revive section 20 ground granted; appeal stayed pending Supreme Court decisions.
Legal Topics
Extradition, Fugitivity, Right to Fair Trial, Delay and Oppression, ECHR Article 8, ECHR Article 6
Criminal Law Extradition Law Human Rights Law Extradition Fugitivity Right to Fair Trial Delay and Oppression ECHR Article 8 +1 more

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Parties

Igor Gisca

Applicant

Prosecutor General of Trieste, Italy

Respondent

Procedural Posture

Extradition Appeal / Application for Permission to Appeal and Related Applications

Legal Issues

  1. 1 Whether the applicant was a fugitive for purposes of section 14 of the Extradition Act 2003
  2. 2 Whether extradition would be oppressive due to passage of time under section 14
  3. 3 Whether extradition would infringe ECHR Article 8 rights

Ratio Decidendi

Permission to appeal is granted on grounds based on sections 14 and 21 as fugitivity and delay are arguable; permission to amend notice of appeal to revive section 20 ground is granted, but appeal as a whole is stayed pending Supreme Court decisions in Merticariu and Bertino.

Court Disposition

Permission to appeal granted on sections 14 and 21; permission to amend appeal to revive section 20 ground granted; appeal stayed pending Supreme Court decisions.

Orders

  • Permission to appeal on sections 14 and 21 granted.
  • Permission to amend notice of appeal to revive section 20 ground granted.