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Extradition – Discharge of fugitive. The district judge, having accepted the judicial authority's assurance that the mandatory death sentence would not be carried out, refused to order the respondent's extradition to Ghana to face trial for murder, as it would be incompatible with his rights under art 3 of the European Convention on Human Rights. The judicial authority appealed. The Divisional Court, in dismissing the appeal, held that the judge had not been entitled to reject the specific assurance and that the mere fact that the death sentence would be imposed, by itself, did not impose a bar on extradition. However, the respondent would face treatment which would be inhuman and degrading to him, despite the assurance given, particularly given his mental health.
Extradition – Discharge of fugitive. The district judge, having accepted the judicial authority's assurance that the mandatory death sentence would not be carried out, refused to order the respondent's extradition to Ghana to face trial for murder, as it would be incompatible with his rights under art 3 of the European Convention on Human Rights. The judicial authority appealed. The Divisional Court, in dismissing the appeal, held that the judge had not been entitled to reject the specific assurance and that the mere fact that the death sentence would be imposed, by itself, did not impose a bar on extradition. However, the respondent would face treatment which would be inhuman and degrading to him, despite the assurance given, particularly given his mental health.
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