Harjette v Central Investigating Court Number 2 Madrid, Spain

Extradition – Extradition order. The appellant appealed against orders for his extradition to Spain to stand trial for a number of offences of fraud, on grounds including that it would be disproportionate, within art 8 of the European Convention on Human Rights, given his terminal prostate cancer. The Administrative Court, in allowing the appeal, held that it was an exceptional case and it was right that the appellant should not be extradited, having regard to his condition. His family life would be interfered with and that was sufficient to base a decision that it would be disproportionate.

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