Jane v Prosecutor General's Office, Lithuania

Extradition – Prohibition on torture. The judge had been wrong to conclude that there had been no real risk of impermissible treatment contrary to art 3 of the European Convention on Human Rights arising out of the prison conditions in Lithuania if the appellant were extradited and further evidence did not materially affect the position. Accordingly, the Divisional Court gave the Lithuanian authorities an opportunity to consider and, if it considered it appropriate, provide an assurance sufficient to dispel the risk.

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