Human Rights

The Court must also consider whether the rights of a person under the Human Rights Act 1998 would be protected by the Country if they were extradited, or if their extradition would breach their human rights in such a way that they should not be extradited.

Some of these rights are the right to a fair trial, the right to protection from torture or inhuman treatment as well as the right to respect for family life. Countries that are part of the European Union are deemed to automatically comply with the Human Rights Act, so strong evidence of any likely breach by that Country would be required.

If the Magistrates Court ultimately orders the extradition of the requested person, that person would have 7 or 14 days to lodge the necessary forms to appeal against that decision (depending on the Country requesting his/her extradition). This deadline is strict, and therefore it is extremely important that the forms are taken to the Court that deals with appeals with the fee within this time, otherwise the Court will not hear an appeal, and the person will be Extradited.


 

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