Public Prosecutor's Office of Landshut, Germany v Singh

Extradition – European arrest warrant. The appellant judicial authority succeeded in its appeal against a decision by a district judge, discharging the respondent from a European arrest warrant which sought his extradition to Germany to face a multi-limbed charge, alleging, among other things, kidnapping, racketeering and extortion. The Divisional Court held that the district judge had erred in concluding that the state authorities were culpable in respect of the delay, and that the period of the culpable delay was 20 years. It ruled that the district judge had failed properly to balance the various factors or to explain (adequately) why the delay had meant that the balance under art 8 of the European Convention on Human Rights fell on the side of not extraditing the respondent. The court held that the balance was overwhelmingly in favour of extradition. Accordingly, the order discharging the appellant was quashed and the case was remitted to the court below.

Category: