We are currently advising and representing one of FBI’s “Most Wanted” before Westminster Magistrates’ Court. It’s challenging but equally rewarding working with 7 defence experts in the UK and USA.
Extradition is a complex & challenging area involving, inter alia, Human Rights & the various Articles and the Extradition Act. It’s made even more challenging with contact between us and the DA’s office and the various lawyers in the USA. We have other experts involved so the case management is of the utmost importance to comply with court directions and to ensure we get the most from them.
We have the benefit of one of the best extradition lawyers, Ben Cooper of Doughty Street Chambers and some of the best resources in the USA to oppose the extradition.
We are arguing for our client to be discharged on each of the following grounds:
(i) the extradition would be ‘unjust or oppressive’ by reason of his particular mental condition in view of the wholly inadequate care and treatment available to him in custody in California (s.91, Extradition Act 2003);
(ii) by reason of the same considerations, the extradition would be incompatible with Articles 3 and 8 (s.87).
(a) The state prison conditions in California are incompatible with Article 3 of the Convention in light of the condemnation of the safety of the prisons by the highest US Courts and independent observers.
(b) Our client is a very high suicide risk and that risk will be exacerbated by inadequate health care, degrading prison conditions, the serious deficiencies of the prison regime and the duration of his sentence.
(c) Our client faces a real risk of being sentenced to life without parole if convicted of the allegation he faces
(d) The life sentence would not be de facto reducible so as to comply with Trabelsi v Belgium (140/10).
(e) Our client faces a real risk of deportation to China and a lengthy period of pre-deportation detention which further exacerbates the article 3 violations.
If you have any extradition enquiries please contact Darren Rogers on 07886 777784 and visit our web site www.chilternlaw.com. We have offices in Henley-on-Thames, Newbury and Maidstone.