O'Connor v Greece [2017] NIQB 88 (13 October 2017)

O'Connor v Greece [2017] NIQB 88 (13 October 2017)

Fresh evidence demonstrated substantial grounds for believing that extradition to Korydallas Men's Prison would expose the appellant to a real risk of inhuman or degrading treatment in breach of Article 3 ECHR, and the assurances provided by Greece were not sufficiently specific to remove that risk; therefore, the appeal must be allowed and extradition refused.

Citation
[2017] NIQB 88
Parties
Appellant: John Joseph O'Connor; Respondent: Greece
Jurisdiction
Northern Ireland
Judgment Date
13 October 2017
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order
Outcome
appeal allowed; extradition order quashed
Legal Topics
Article 3 ECHR, Prison Conditions, European Arrest Warrant, Mutual Trust, Fresh Evidence on Appeal
Extradition Law Human Rights Law Article 3 ECHR Prison Conditions European Arrest Warrant Mutual Trust Fresh Evidence on Appeal

Case Brief

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Parties

John Joseph O'Connor

Appellant

Greece

Respondent

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order

Legal Issues

  1. 1 Whether extradition to Greece would expose the appellant to a real risk of inhuman or degrading treatment contrary to Article 3 ECHR
  2. 2 Whether assurances provided by Greek authorities are sufficient to dispel the real risk

Ratio Decidendi

Fresh evidence demonstrated substantial grounds for believing that extradition to Korydallas Men's Prison would expose the appellant to a real risk of inhuman or degrading treatment in breach of Article 3 ECHR, and the assurances provided by Greece were not sufficiently specific to remove that risk; therefore, the appeal must be allowed and extradition refused.

Court Disposition

appeal allowed; extradition order quashed

Orders

  • Appellant's extradition to Greece refused
  • Appellant discharged