Lithuania v Campbell [2013] NIQB 19 (22 February 2013)

Lithuania v Campbell [2013] NIQB 19 (22 February 2013)

The uncontradicted and compelling evidence established a real risk that Campbell, if extradited to Lithuania, would be subjected to inhuman and degrading treatment due to severe and persistent overcrowding and poor conditions in Lithuanian remand prisons, rebutting the presumption of Convention compliance and requiring discharge under Article 3 ECHR.

Citation
[2013] NIQB 19
Parties
Applicant/appellant: Republic of Lithuania; Defendant/respondent: Liam Campbell
Jurisdiction
Northern Ireland
Judgment Date
22 February 2013
Procedural Posture
Extradition Appeal / Appeal From First Instance Extradition Decision
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Article 3 ECHR, Prison Conditions, Inhuman and Degrading Treatment, Burden of Proof in Human Rights Challenges, Presumption of Compliance by Convention States
Extradition Law Human Rights Law European Arrest Warrant Article 3 ECHR Prison Conditions Inhuman and Degrading Treatment Burden of Proof in Human Rights Challenges Presumption of Compliance by Convention States

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Parties

Republic of Lithuania

Applicant/appellant

Liam Campbell

Defendant/respondent

Procedural Posture

Extradition Appeal / Appeal From First Instance Extradition Decision

Legal Issues

  1. 1 Whether extradition of Liam Campbell to Lithuania would breach Article 3 ECHR due to prison conditions
  2. 2 Whether the presumption that a Convention state will comply with its obligations is rebutted
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The uncontradicted and compelling evidence established a real risk that Campbell, if extradited to Lithuania, would be subjected to inhuman and degrading treatment due to severe and persistent overcrowding and poor conditions in Lithuanian remand prisons, rebutting the presumption of Convention compliance and requiring discharge under Article 3 ECHR.

Court Disposition

appeal dismissed

Orders

  • Extradition of Liam Campbell to Lithuania refused and discharge confirmed
  • Application to admit new evidence refused