Shmatko v Russian Federation

Extradition – Prohibition on torture. There was a very strong probability that, if extradited to the relevant region of the Russian Federation, the appellant would be held in conditions which involved serious violations of art 3 of the European Convention on Human Rights and the absence of any effective independent monitoring of prison conditions in the area further increased that probability. Accordingly, the Divisional Court allowed the appellant's appeal against the judge's decision to send his case to the Secretary of State to decide whether he was to be extradited to face allegations of three offences of fraud.

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