*R (on the application of Aswat) v Secretary of State for The Home Department and another

Extradition – Extradition order. The defendant Secretary of State ordered the claimant British national's extradition to the interested party United States of America to stand trial for alleged offences. The claimant was diagnosed as suffering from schizophrenia and detained in a psychiatric hospital. The European Court of Human Rights ruled that, in view of the severity of the claimant's mental condition, there would be a violation of his rights under art 3 of the European Convention on Human Rights if he was extradited. On the basis of further information provided by the US, the Secretary of State decided not to withdraw the extradition order. The claimant sought judicial review of that decision. Allowing the application, the Administrative Court held that the further information had added nothing material to the information which the Strasbourg court had had, so that it had been impermissible to depart from its conclusion that there would be a violation of art 3 of the Convention if the claimant was extradited to the US.

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