Jansons v Latvia

Jansons v Latvia

The uncontested psychiatric evidence established a substantial and immediate risk that the claimant would commit suicide if extradited to Latvia, making extradition oppressive under section 25 of the Extradition Act 2003. The proportionality assessment under Article 8 ECHR also weighed in favour of discharge due to the exceptional facts and risk to life, despite the seriousness of the offences and the existence of safeguards in Latvia.

Parties
Claimant: Jansons; Defendant: Latvia
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Extradition Appeal / Appeal Judgment
Outcome
Appeal allowed; extradition order quashed; claimant discharged
Legal Topics
Extradition, Suicide Risk, Article 3 ECHR, Article 8 ECHR, Mental Health and Extradition, Oppression Under Extradition Act 2003
Criminal Law Human Rights Law Extradition Law Extradition Suicide Risk Article 3 ECHR Article 8 ECHR Mental Health and Extradition +1 more

Case Brief

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Parties

Jansons

Claimant

Latvia

Defendant

Procedural Posture

Extradition Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether extradition would be oppressive under section 25 of the Extradition Act 2003 due to risk of suicide
  2. 2 Whether extradition would violate Article 3 or Article 8 of the European Convention on Human Rights

Ratio Decidendi

The uncontested psychiatric evidence established a substantial and immediate risk that the claimant would commit suicide if extradited to Latvia, making extradition oppressive under section 25 of the Extradition Act 2003. The proportionality assessment under Article 8 ECHR also weighed in favour of discharge due to the exceptional facts and risk to life, despite the seriousness of the offences and the existence of safeguards in Latvia.

Court Disposition

Appeal allowed; extradition order quashed; claimant discharged

Orders

  • Order for extradition quashed
  • Claimant discharged