The Attorney General -v- Davis [2018] IESC 27 (28 June 2018)

The Attorney General -v- Davis [2018] IESC 27 (28 June 2018)

The Supreme Court held that the appeal did not raise a point of law but sought to revisit factual findings made by the High Court, which were supported by evidence. The legal test is whether there is a real risk of inhuman or degrading treatment, and the evidence did not establish such a risk in Mr. Davis's case. The US authorities provided sufficient assurances regarding mental health care. The appeal was therefore dismissed.

Citation
[2018] IESC 27
Parties
Applicant/respondent: The Attorney General; Respondent/appellant: Gary Davis
Jurisdiction
Ireland
Judgment Date
28 June 2018
Procedural Posture
Extradition Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Extradition, Mental Health and Extradition, Right to Life, Bodily Integrity, Inhuman or Degrading Treatment, Article 3 ECHR, Article 8 ECHR, Appeals on Point of Law, Prison Conditions, Asperger's Syndrome
Criminal Law Extradition Law Constitutional Law Human Rights Law Extradition Mental Health and Extradition Right to Life Bodily Integrity +6 more

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Parties

The Attorney General

Applicant/respondent

Gary Davis

Respondent/appellant

Procedural Posture

Extradition Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether issues of fact can ever be regarded as issues of law under section 29 of the Extradition Act 1965
  2. 2 Whether the State is obliged to protect vulnerable persons suffering from mental illness under the Constitution in extradition applications
  3. 3 Whether the condition of Gary Davis is so severe that, as a matter of law, he may not be extradited to the United States

Ratio Decidendi

The Supreme Court held that the appeal did not raise a point of law but sought to revisit factual findings made by the High Court, which were supported by evidence. The legal test is whether there is a real risk of inhuman or degrading treatment, and the evidence did not establish such a risk in Mr. Davis's case. The US authorities provided sufficient assurances regarding mental health care. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extradition of Gary Davis to the United States to proceed
  • Order of the High Court affirmed