Quinlivan v. Conroy (No.2) [2000] IEHC 50; [2000] 3 IR 154; [2000] 2 ILRM 515 (14th April, 2000)

Quinlivan v. Conroy (No.2) [2000] IEHC 50; [2000] 3 IR 154; [2000] 2 ILRM 515 (14th April, 2000)

The offences alleged, including conspiracy to murder, conspiracy to cause explosions, escape from lawful custody, and malicious wounding, do not qualify as political offences or offences connected with political offences under Irish law or the Extradition Act, 1965, as interpreted by relevant jurisprudence. The Extradition (European Convention on the Suppression of Terrorism) Act, 1987 excludes the political offence exception for the escape and wounding offences. Delay and exceptional circumstances do not render extradition unjust, oppressive, or invidious, as most delay is attributable to the applicant. The agent provocateur argument does not negate correspondence or bar extradition.

Citation
[2000] IEHC 50
Parties
Applicant: Nessan Quinlivan; Respondent: State Authorities (Respondents)
Jurisdiction
Ireland
Procedural Posture
Extradition and Judicial Review / High Court Judgment
Outcome
Application dismissed; extradition order affirmed.
Legal Topics
Political Offence Exception, Correspondence of Offences, Delay in Extradition Proceedings, Agent Provocateur, European Convention on the Suppression of Terrorism
Criminal Law Extradition Law Human Rights Law Political Offence Exception Correspondence of Offences Delay in Extradition Proceedings Agent Provocateur European Convention on the Suppression of Terrorism

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Parties

Nessan Quinlivan

Applicant

State Authorities (Respondents)

Respondent

Procedural Posture

Extradition and Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the offences alleged are political offences or offences connected with political offences under Irish law and the Extradition Act, 1965
  2. 2 Whether the offences fall within the scope of the Extradition (European Convention on the Suppression of Terrorism) Act, 1987
  3. 3 Whether delay or exceptional circumstances render extradition unjust, oppressive or invidious

Ratio Decidendi

The offences alleged, including conspiracy to murder, conspiracy to cause explosions, escape from lawful custody, and malicious wounding, do not qualify as political offences or offences connected with political offences under Irish law or the Extradition Act, 1965, as interpreted by relevant jurisprudence. The Extradition (European Convention on the Suppression of Terrorism) Act, 1987 excludes the political offence exception for the escape and wounding offences. Delay and exceptional circumstances do not render extradition unjust, oppressive, or invidious, as most delay is attributable to the applicant. The agent provocateur argument does not negate correspondence or bar extradition.

Court Disposition

Application dismissed; extradition order affirmed.

Orders

  • Applicant not released; extradition to England and Wales to proceed as ordered by the District Court.