Rebecca Hill, instructed by Richard Cannon at Stokoe Partnership, has secured the discharge of a Requested Person ('RP') whose return was sought by Cyprus to face trial for historic offending. The RP was discharged by DJ Law on all challenges raised; s14 (passage of time rendering extradition oppressive and unjust), prison conditions, Article 8 (private life) and s25 (the RP's health).
The RP faced trial for serious offences dating back to the 1990s. An investigation at the time did not result in prosecution and no further steps were taken until 2017 when investigations resumed, resulting in a decision to charge in 2022. In the intervening period the RP had continued his life in the UK with his wife, children and, in latter years, grandchildren. His health had deteriorated; initially with physical health complaints and more latterly with the development of dementia. Reliance was placed on the expertise of Dr Ali Ajaz and Dr Deepak Jain who testified to the gravity of the RP's ill-health and the level of intensive support he would require to ensure his dignity. Ms Nicoletta Charalambidou gave evidence on prison conditions and the Cypriot constitutional structure regarding responsibility for prison management (so far as that was relevant to the reliability of Cypriot assurances). The Judge accepted the defence evidence.
The Court was persuaded that a real risk of A3 was established and requested further information from the Cypriot authorities following the Aranyosi procedure. Upon receipt of a response the Court concluded that the A3 risk remained and, as stated, also discharged on all other grounds advanced. The Judicial Authority have not appealed.
Rebecca Hill is a leading practitioner in extradition and international crime who has worked at the forefront of this niche area for more than a decade. Rebecca’s significant expertise in human rights and European law complements her public law practice in which she represents individuals in challenges against the State and the Government. She regularly acts in cases of the utmost gravity before all levels of Court including the Divisional and Administrative Court and the European Court of Human Rights. Rebecca is ranked in Chambers and Partners as a band 2 leader in the field of Extradition at the London Bar and is also ranked in tier 2 in The Legal 500.
To make an enquiry please contact Dean Cook on 020 7332 5400
