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Extradition – Extradition hearing. The judge discharged the respondent from extradition to the United States to face seven charges of sexual offences in New York on the basis extradition would violate his rights under art 5 of the European Convention on Human Rights, given the possibility of civil commitment under New York law absent mental disorder. The Divisional Court, in allowing the requesting state's appeal, held that the New York process would be consistent with art 5 of the Convention, if enacted in a Convention state. The judge had placed too much weight on the opinions of the respondent's witness and had given insufficient attention to the strict requirements of New York law.
Extradition – Extradition hearing. The judge discharged the respondent from extradition to the United States to face seven charges of sexual offences in New York on the basis extradition would violate his rights under art 5 of the European Convention on Human Rights, given the possibility of civil commitment under New York law absent mental disorder. The Divisional Court, in allowing the requesting state's appeal, held that the New York process would be consistent with art 5 of the Convention, if enacted in a Convention state. The judge had placed too much weight on the opinions of the respondent's witness and had given insufficient attention to the strict requirements of New York law.
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