Lord Advocate v Mirza

Extradition – Human rights. Sheriff Court: In a case in which the Government of the USA sought a Pakistani citizen's extradition for prosecution on nine serious fraud charges, an application which was opposed based on s 87 of the Extradition Act 2003 and alleged contraventions of art 2 (right to life) of the European Convention on Human Rights, art 3 (freedom from torture), art 5 (right to liberty) and art 6 (right to a fair trial), the court held that extradition would be compatible with the respondent's Convention rights, within the meaning of the Human Rights Act 1998, and was satisfied that that the case could safely be sent to the Scottish Ministers for their final decision on whether the respondent was to be extradited.

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