On 7 November 2022 Senior District Judge Goldspring discharged the extradition case of Government of Mexico v SW.
The Judge found that there was a real risk that extradition would breach the Requested Person’s rights under Article 3 (prohibition on torture or other inhuman or degrading treatment) and that extradition would amount to a disproportionate interference of the requested person’s Article 8 rights (respect for private and family life) of the European Convention of Human Rights (ECHR). The judge also discharged under section 91 (physical health grounds) on the basis of the Requested Person’s ill health.
The Judge found that assurances given by the requesting state were not specific but were general and vague in light of the requested person’s medical conditions and therefore the real risk of treatment non-compliant with Art 3 ECHR could not be ruled out.
The Government of Mexico has not appealed the decision.
SW was represented by David Josse KC and Ben Keith instructed by Fadi Daoud and Alison Fong San Pin at Lawrence & Co. Solicitors.
David Josse K.C. has been Head of Chambers at 5 St Andrew’s Hill since 2015. He is a barrister specialising in extradition, human rights, international war crimes and serious crime, both nationally and internationally. David is ranked in The Legal 500 and Chambers and Partners as a silk in the field of extradition at the London Bar. He is Vice-Chair of the Bar Council International Committee.
Ben Keith is a leading specialist in Extradition and International Crime, as well as dealing with Immigration, Serious Fraud, and Public law. He has extensive experience of appellate proceedings before the Administrative and Divisional Courts, Criminal and Civil Court of Appeal as well as applications and appeals to the European Court of Human Rights (ECHR) and United Nations. Ben is ranked in The Legal 500 and Chambers and Partners in the field of extradition at the London Bar.
