Attorney General -v- Marques [2015] IEHC 798 (16 December 2015)

Attorney General -v- Marques [2015] IEHC 798 (16 December 2015)

The requirements for extradition under Irish law were satisfied, including correspondence of offences and minimum gravity. The technical defects in documentation did not impinge on the merits or cause injustice. US sentencing practices, while different, did not amount to a flagrant denial of justice. There was insufficient evidence that extradition would violate Mr. Marques' rights under Article 3 or Article 8 ECHR. The judicial review application to compel prosecution in Ireland was refused. Extradition was ordered.

Citation
[2015] IEHC 798
Parties
Applicant: Attorney General; Respondent: Eric Eoin Marques; Respondent: Director of Public Prosecutions; Respondent: Ireland; Notice Party: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
16 December 2015
Procedural Posture
Extradition and Judicial Review / High Court Judgment on Extradition Request and Judicial Review Application
Outcome
Extradition ordered; judicial review refused
Legal Topics
Extradition Procedure, Double Criminality, Sentencing Standards, Prison Conditions, Right to Family Life, Judicial Review, Proportionality, Speciality Principle
Criminal Law Extradition Law Human Rights Law Extradition Procedure Double Criminality Sentencing Standards Prison Conditions Right to Family Life +3 more

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Parties

Attorney General

Applicant

Eric Eoin Marques

Respondent

Director of Public Prosecutions

Respondent

Ireland

Respondent

Minister for Justice and Equality

Notice Party

Procedural Posture

Extradition and Judicial Review / High Court Judgment on Extradition Request and Judicial Review Application

Legal Issues

  1. 1 Whether the requirements for extradition to the USA under Irish law are met
  2. 2 Whether the offences alleged correspond to offences under Irish law (double criminality)
  3. 3 Whether US sentencing practices (relevant, uncharged, and acquitted conduct) violate fundamental justice

Ratio Decidendi

The requirements for extradition under Irish law were satisfied, including correspondence of offences and minimum gravity. The technical defects in documentation did not impinge on the merits or cause injustice. US sentencing practices, while different, did not amount to a flagrant denial of justice. There was insufficient evidence that extradition would violate Mr. Marques' rights under Article 3 or Article 8 ECHR. The judicial review application to compel prosecution in Ireland was refused. Extradition was ordered.

Court Disposition

Extradition ordered; judicial review refused

Orders

  • Order for extradition of Eric Eoin Marques to the United States of America
  • Refusal of judicial review application seeking to compel prosecution in Ireland