HEM v The State Attorney's Office, Dusseldorf, Germany [2014] NICA 79 (11 December 2014)

HEM v The State Attorney's Office, Dusseldorf, Germany [2014] NICA 79 (11 December 2014)

The appellant's mental illness and risk of suicide, while significant, do not meet the high threshold required to render extradition unjust or oppressive under section 25 of the Extradition Act 2003. There is no compelling evidence that Germany will not provide adequate safeguards, and proper treatment and supervision can manage the risk. The presumption that Germany will discharge its responsibilities stands unrebutted.

Citation
[2014] NICA 79
Parties
Requested Person/appellant: HEM; Requesting State/respondent: The State Attorney's Office, Dusseldorf, Germany
Jurisdiction
Northern Ireland
Judgment Date
11 December 2014
Procedural Posture
Extradition Appeal / Appeal From Order for Extradition Under Extradition Act 2003
Outcome
Appeal dismissed; extradition order affirmed, subject to conditions.
Legal Topics
Extradition, Mental Health and Suicide Risk, European Arrest Warrant, Compatibility With Convention Rights, Section 21 and 25 Extradition Act 2003
Criminal Law Human Rights Law Extradition Law Extradition Mental Health and Suicide Risk European Arrest Warrant Compatibility With Convention Rights Section 21 and 25 Extradition Act 2003

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Parties

HEM

Requested Person/appellant

The State Attorney's Office, Dusseldorf, Germany

Requesting State/respondent

Procedural Posture

Extradition Appeal / Appeal From Order for Extradition Under Extradition Act 2003

Legal Issues

  1. 1 Whether extradition would be unjust or oppressive due to appellant's mental illness and risk of suicide
  2. 2 Whether extradition would be incompatible with Convention rights under the Human Rights Act 1998

Ratio Decidendi

The appellant's mental illness and risk of suicide, while significant, do not meet the high threshold required to render extradition unjust or oppressive under section 25 of the Extradition Act 2003. There is no compelling evidence that Germany will not provide adequate safeguards, and proper treatment and supervision can manage the risk. The presumption that Germany will discharge its responsibilities stands unrebutted.

Court Disposition

Appeal dismissed; extradition order affirmed, subject to conditions.

Orders

  • Extradition order to take effect only after confirmation that medical records and information have been transmitted to German authorities and receipt acknowledged.
  • UK authorities to take all reasonable steps to prevent suicide during custody and transit.